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Land Titles in Old Pittston 



Gardiner, Me., Historical Series. — Number One 



Land Titles in Old Pittston 



HENRY SEWALL WEBSTER 



GARDINER, MAINE : 

THE REPORTER-JOURNAL PRESS, 
1912 



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Olfi 

Author 

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LAND TITLES IN OLD PITTSTON 



I.— OLD PITTSTON 



By "Old Pittston" is here meant the town as it existed at 
the time of its incorporation. It comprised the territory now 
lying- in Pittston, Randolph, Gardiner, most of West Gardi- 
ner, and part of Farmingdale. 

Pittston was the fortieth town incorporated by the General 
Court of Massachusetts in Maine, and the last established by 
that commonwealth while acting under its royal charter. 

The act of incorporation was passed February 4, 1779. It 
was entitled "An Act for incorporating the Plantation called 
Gardinerston, in the County of Lincoln into a town by the 
name of Pittston, and for annexing- certain lands in the said 
County to the town of Bowdoinham." It defined the limits 
of the new town as ' 'beginning- at the north line of the Town 
of Pownalborough at Kennebeck River, and to run an East 
South East Course on the said North line five miles from the 
said River; from thence to run Northerly about seven miles, 
more or less, to the south easterly corner of the town of 
Hallowell, and from thence to run West North West on the 
south line of the said Hallowell, to the said Kennebec River, 
and across said River, and running a West North West 
course on the south line of the said Hallowell, five or six 
miles to Cobbisconte stream on the west side of the said 
Kennebeck River; fiom thence to run southerly down the 
said stream, and as the stream runs to the first Pond, and 
on said Pond or a stream to the north line of a large lot 
number ten granted by the Proprietors of Kennebeck pur- 
chase to the late William Bowdoin, Esq., deceased, from 
thence to run an East South East course on the said north 
line of the said lot, to the said Kennebeck River, and from 
thence southerly down the said River to the North line of 
Pownalboough aforesaid." 



4 LAND TITLES IN OLD PITTSTON 

Lincoln County was divided in 1799, and Pittston came 
within the part then incorporated as Kennebec County. In 
1820 the District of Maine, until then a part of Massachu- 
setts, became a separate state. 

Pittston has undergone several territorial changes. The 
most considerable was in 1803, when all of its territory lying 
west of the Kennebec River was incorporated as the town of 
Gardiner. In 1844 a tract measuring fifty rods on the river 
and extending easterly one mile was annexed to it from the 
town of Hallowell, and in 1855 the farm of John Barker was 
set off from the town of Chelsea. Finally, by the acts of 
March 4, and March 17, 1887, all of it lying north of the 
south line of the Worromontogus stream became the town of 
Randolph. 

The population of Pittston according to the U. S. Census 
has been as follows: 1790, 605; 1800, 1408; 1810, 1018; 
1820, 1337; 1830, 1800; 1840, 2460; 1850, 2823; 1860, 2619; 
1870, 2353; 1880,2458; 1890,1281; 1900, 1177; 1910,954. 



II.— SPAIN, FRANCE, AND ENGLAND 

The nations principally concerned in the discovery and 
colonization of the New World were Spain, France and Eng- 
land. Each of these at one time or another claimed to own 
the soil which was afterwards to constitute Old Pittston. 
Such claim was based on the right of discovery. 

Spain, as the original discoverer, was disposed to extend 
her sovereignty over the whole continent. But when it be- 
came recognized as a principle of international law that dis- 
covery, in order to create a valid title, must be followed by 
occupation and settlement, she was not prepared to colonize 
or defend the whole; and finding the treasures of Mexico 
and Peru more alluring than the regions farther north, she 
soon abandoned all of North America east of the Mississippi 
except a strip along the southern border and the peninsula 
of Florida. 

France at first claimed all of the coast which had not been 
pre-empted by Spain, and in 1603 her sovereign granted to 
De Monts the territory between the 40th and 46th degrees of 
north latitude, which would include most of New England 



LAND TITLES IN OLD PITTSTON O 

and the Middle States. But by 1713 her pretensions had so 
far shrunk that she recognized the Kennebec River as her 
western boundary. Her principal settlements were on the 
St. Lawrence, but she had posts at Castine and Mount De- 
sert, both of which have retained their French names, and 
Jesuit missions were supported by her at Norridgewock and 
at Cushnoc, now Augusta. The land from the Kennebec to 
the St. John was long a debatable ground between the 
French and the English. But by the Treaty of Paris, in 
1763, France surrendered to England all of her possessions 
in North America except the Island of Orleans. 

The English were late comers, but atoned for their lag- 
gardness by the vigor and extent of their operations. Re- 
viving the story of early explorations by Cabot and others, 
they also based their claims on the right of discovery, and 
their supremacy on the sea made their argument a valid one. 
The settlement of Jamestown and Plymouth, the seizure of 
New Amsterdam from the Dutch, and the conquest of Can- 
ada were only a few of the events which made England mis- 
tress of all North America east of- the Mississippi, with the 
exception of the Spanish possessions-in the south. When, 
therefore, Pittston was incorporated in 1779, it consisted of 
territory to which England had possessed an undisputed 
title previous to the declaration of American independence. 
It is accordingly to English grants that we must look for the 
original source of land titles in Old Pittston. 



Ill —THE GREAT PATENT OF NEW ENGLAND 

Under the English constitution the power of alienating- 
territory belonging to the realm was vested in the crown. 
This resulted from certain principles of feudal law which we 
need not stop to examine. The instruments by which such 
transference of title was effected were called grants, patents, 
or charters. These names appear to have been used without 
any essential difference of meaning. 

Previous to the reign of James I., English sovereigns had 
made grants of land in North America; but as such grants 
were limited in duration, or lapsed for non- performance of 
their conditions, or were merged in later ones, they need not 



6 LAND TITLES IN OLD PITTSTON 

now be considered. We may also pass over the first Vir- 
ginia charter, given by James himself in 1606, for the reason 
that, so far as our subject is concerned, it was superseded by 
the Great Patent of November 3-13, 1620. 

On that date, James I., "by the Grace of God, King of 
England, Scotland, France, and Ireland, Defender of the 
Faith, &c.," "by the Advice of the Lords and others of our 
Privy Council," granted to forty lords, knights and mer- 
chants of England, all of North America between the 40th 
and 48th degrees of north latitude, which would be approxi- 
mately from the latitude of Quebec to that of Philadelphia, 
and "from sea to sea." Subsequent clauses gave the name 
of New England to this vast territory, and made the grantees 
a corporate body under the title of "the Councell established 
att Plymouth, in the County of Devon, for the planting, rul- 
ing and governing of New England in America." In future 
references to this corporation it will be called the Plymouth 
Council. The land was to be held "in free and common 
Soccage," which was the most liberal form of conveyance 
then known to the English law. This grant, or patent, is the 
fountain head of land titles in Old Pittston. This patent is 
printed in full in the Collections of the Maine Historical 
Society, Documentary History, Second Series, Vol. VII, 
Page 20. 

The grantees were not expected to betake themselves in 
person to the lands of which their patent made them the 
owners. But they were under obligations to provide for their 
colonization, and for this purpose they proceeded to convey 
certain— or in some cases uncertain — tracts or parcels to 
such other persons or companies as were bold and enterpris- 
ing enough to undertake their settlement. 



IV.— THE PLYMOUTH COLONY 

In 1620 a company for colonization was formed in England 
in which commercial and religious elements were strangely 
blended. It consisted in part of "Merchant adventurers," 
who were to remain at home and share in the profits but not 
the toils of the enterprise; in part of a band of religious 
zealots who had already gained the name of Pilgrims by flee- 



LAND TITLES IN OLD PITTSTON 7 

ingf from their country to Holland for the purpose of practis- 
ing a form of worship not permitted on English soil. The 
latter, numbering: with their wives and children one hundred 
persons, set sail in the Mayflower from the port of Plymouth, 
England, in September, 1620. They intended to land near 
the mouth of the Hudson River, but they were carried from 
their course, and were compelled by the rigors of the season 
and the obduracy of the ship's captain to disembark at a 
place near Cape Cod to which Captain John Smith had years 
before given the name of Plymouth. There they landed 
December 11-21, 1620, and began the first permanent settle- 
ment in New England. The following year they received 
from the Plymouth Council a grant of the land which they 
occupied. The relations of the colonists with the foreign 
members of the company did not prove entirely satisfactory; 
so in 1627 they negotiated for the purchase of all the foreign 
stock, to be paid for in instalments. The last payment was 
made in 1633. 



v.— THE PLYMOUTH PATENT 

In 1625 the Plymouth colonists, then numbering about 
three hundred, sent a boat load of corn to some place on the 
Kennebec River to be exchanged with the Indians for furs. 
The venture proved so profitable that it was repeated the 
following year. A thriving trade soon grew up, and to corn 
were added other articles of barter. This awakened in the 
thrifty Pilgrims a desire for some land on the Kennebec for 
the erection of a permanent trading post, and doubtless for 
such other purposes of traffic and settlement as future devel- 
opments might offer. Negotiations were entered into with 
the Plymouth Council, and resulted in a new grant or char- 
ter which is dated January 13-23, 1629-30. By this instru- 
ment the Council confirmed to "W™ Bradford his heires as- 
sociates and assignes" all their Plymouth lands, to which 
more definite boundaries were assigned, and further con- 
veyed to them "all that Tract of Land or part of New Eng- 
land in America afores*^ which lyeth within or betweene and 
Extendeth it Selfe from the utmost of Cobestcont alias Com- 
asecont Which adjoyneth to the Riuer Kenibeck alias Kene- 



8 LAND TITLES IN OLD PITTSTON 

beckick towards the Westerne Ocean and a place called the 
falls of Nequamkick in America aforesaid and the Space of 
fifteen English miles on Each Side of the said Riuer Com- 
only called Kenebeck Riuer and all the said Riuer Called 
Kenebeck that Lyes within the said Limitts and Bounds 
Eastward Westward Northward and Southward Last afore 
mentioned," tog-ether with "Egress & regress with Shipps 
Shallops and other Vessels from the Sea Commonly Called 
the Westerne Ocean to y*^ s'^ Riuer called Kenebeck and from 
the Riuer to the said Westerne Ocean," &c. The full text 
of the chatter may be found in the Collections of the Maine 
Historical Society, Second Series, Vol. VII, Page 108. 

March 2-12, 1640-41, Governor Bradford and his associates 
assigned all of their rights under the patent to the freemen 
of the Plymouth Colony. lb., Page 256. 

The Plymouth colonists were careful to strengthen and 
and extend their title by Indian deeds. The most important 
of these in its actual results was one which they obtained in 
1648 from Munguin alias Matahameada, which was "con- 
sented unto by Essemenosque Agadodemagus & Tassuck 
Chief men of ye place and proprietors thereof." The con- 
sideration for this deed was "two Hogsheads of provisions, 
one of Bread, and one of pease two Coats of Cloth, two Gal- 
lons of Wine, and a bottle of strong waters." It conveyed 
to the colony the land on both sides of the Kennebec from 
Cushena (Cushnoc) to the Weserunscut (Wesserunsett) , a 
small stream which empties into the Kennebec a little below 
the village of Norridgewock. It will be seen that this deed 
had much to do vvith fixing the northern boundary of the 
Kennebec Purchase. 

The Pilgrims established a trading post at Cushnoc, now 
Augusta, and used the river and adjacent territory for traffic 
and fishing. Shad, sturgeon and salmon are mentioned as 
among the fish taken there. It was largely from the income 
deiived from this source that the colonists were enabled to 
discharge their obligations to their English creditors. No 
efforts were made towards a permanent settlement. 

In course of time the enterprise became less profitable, 
and by 1661 the colonists decided to sell all their possessions 
on the Kennebec, and they were sold for 400 pounds to 
Antipas Boyes, Edward Tyng, Thomas Brattle and John 



LAND TITLES IN OLD PITTSTON 9 

Winslow, merchants, of Boston. The deed was dated Oct. 
27, 1661, but was not "Signed Sealed & Delivered" until 
June 15, 1665. The description follows that of the earlier 
grant, but "Cobestcont" in the former deed becomes "Cob- 
basecontee" in the latter, which is nearer to the modern 
form. Special mention is made of the Indian deed referred 
to above. This deed to Boj^es and his associates is printed 
in York Deeds, Vol. IX, folios 226-228, and also in the 
volume of Historical Collections already referred to, page 
296. 



VI.— THE KENNEBEC COMPANY 

In 1675 began the first of a series of Indian wars in Maine, 
which not only checked the tide of emigration to that state, 
but laid waste several flourishing settlements already estab- 
lished within its borders. In consequence of these distur- 
bances, the new proprietors and their heirs neglected their 
lands on the Kennebec, or, like their predecessors, used 
them only for fishing and trading, until 1749. In September 
of that year a meeting was held in Boston of persons in- 
terested in the patent either by descent or purchase ; and in 
June, 1753, a corporation consisting of such persons was 
formed under a law just passed by the General Court of 
Massachusetts. It was called "The Proprietors of the Ken- 
nebec Purchase from the late Colony of New Plimouth", but 
is generally known as the Kennebec or Plymouth Company. 
A list of its members in 1756 is extant, and contains among 
others the names of William Brattle, Silvester Gardiner, 
Florentius Vassall, Benjamin Hallowell, Charles Apthorp, 
Thomas Hancock, James Bowdoin, James Pitts, Edward 
Tyng, William Bowdoin, Samuel Goodwin, William Vassall, 
Robert Temple and John Winslow. 

The organization of the Kennebec Proprietors was fol- 
lowed by a long dispute over boundaries. The source of the 
difficulty may he understood from the following quotations. 
"In no other section of New England were so many grants 
conferred by the Great Council as within the limits of Maine, 
where from ignorance, or reckless disregard of geography, 
the Company issued, in quick succession, patents whose over- 



10 LAND TITLES IN OLD PITTSTON 

lapping- boundaries caused Ions: and bitter controversies."" 
(Mary F. Farnham, Collections of Maine Historical Society, 
wSecond Series, Vol. VII, Page XVI.) "Grants, indefinite in 
their limits, were made to individuals or to companies, were 
revoked and reissued with varying- boundaries, as interest or 
favor could obtain them, and from carelessness or ignorance 
the same territory was covered by more than one grant. 
Many tracts were also held under Indian deeds." (R. H, 
Gardiner, Collections of Maine Historical Society, Vol. II, 
Page 272) 

The Kennebec Company claimed at first to own to the sea, 
but probably without the expectation that so preposterous a 
claim would be recognized. East of the Kennebec they were 
antagonized by Clark and Lake, whose Indian deeds, if held 
valid, would have carried them as far north as Ticonic Falls. 
West of the river, the owners of the Pejepscot Patent main- 
tained that the Kennebec tract did not extend south of the 
Cobbossee, or at farthest of a point opposite Nahumkeag 
stream, the "Nequamquick" of the original grant. There 
were also disputes of minor importance with the Wiscasset 
and the Pemaquid proprietors. 

It was finally determined, partly by commissioners ap- 
pointed by the Superior Count of Massachusetts and partly 
by compromise, that the Kennebec Purchase extended from 
the north lines of Woolwich and Topsham to a point one 
league north of the mouth of the Wesserunsett. The south- 
ern boundary was fixed by locating "the bend of the river 
Cobbesseecontee which is nearest the western ocean", while 
the north line "was determined by deed obtained of the 
Sagamores, A. D. 1648, by the Plymouth Colony, and 
another A. D. 1653, of all lands from Cushnoc to Wessarun- 
set ; and by the surveys and plans of Johnson, Bane and 
Bradbury, and the depositions of old men." (Williamson's- 
History of Maine, vol. I, Page 236, note.) These bounds 
were confirmed by a deed from the State of Massachusetts 
in 1789. Finally, in 1816, it was decided that the east and 
west lines were not straight, but corresponded with the bend- 
ings of the river, and were everywhere fifteen miles distant 
therefrom. As thus defined the entire tract was estimated 
to contain 1,500,000 acres. 

The Kennebec Company continued in existence until 1816, 



LAND TITLES IN OLD PITTSTON 11 

when it sold at auction all of its lands which it had not pre- 
viously disposed of and wound up its affairs. Its records 
and papers, filling: many volumes, are in the possession of 
the Maine Historical Society. Miss Farnham, in one of the 
volumes prepared by her for that Society, says that these 
papers, as well as those of the Pejepscot Company, have been 
carefully indexed; but unfortunately the statement is true 
only as to the Pejepscot papers. 



VII.— GRANTS BY THE KENNEBEC COMPANY 

The first efforts of the proprietors to attract settlers to 
their lands were not successful. In March, 1752, they voted 
to grant a tract five miles square, above the Cobbossee Con- 
tee River, to three persons, on condition that one hundred 
persons should be introduced within three years, but nothing: 
was done towards complying with the terms. Another offer 
of 21,000 acres made the following year met with the same 
result. Down to 1754, the offers of seven townships had 
successively failed, because the grantees in each case were 
unable or unwilling to perform the conditions. 

The great obstacle to settlement was undoubtedly the fear 
of Indian attacks. Most of these proceeded from the north, 
and as early as 1751 the proprietors had requested that Fort 
Richmond be moved in that direction. In 1754 the provin- 
cial governor, William Shirley, addressed a letter to the 
proprietors in which he proposed that, if they would build 
a fort at Cushnoc, the province would undertake the erection 
of one at Ticonic. The proposition was gladly accepted, 
and both forts were completed before the close of the year. 
The site of the provincial fort, called Fort Halifax, is marked 
by a block-house still standing in the town of Winslow. The 
main building of the other fort, which was named Fort 
Western, is now standing in Augusta, on the east bank of 
the river, a little below the Kennebec bridge. It has been 
degraded to a tenement house, but is still known as the Old 
Fort. The Company also, the same year, built another fort, 
called Fort Shirley, on the eastern shore of the Kennebec, 
about a mile above the head of Swan Island. As a conse- 
quence of the security thus afforded, the land in the neigh- 



12 LAND TITLES IN OLD PITTSTON 

borhood of the forts was soon taken by settlers, but the terri- 
tory around the Cobbossee remained still unoccupied. 

A partial survey and allotment of the Kennebec Com- 
pany's land were made as early as 1751. Among" the lots 
then laid out were eleven west of the Kennebec River, each 
measuring- one mile on the river and extending westerlj^ five 
miles. They beg"an at Abdagusset Point, ten miles below 
the south line of Pittston, and were numbered from south to 
north. Lot No. 10 was the Bowdoin Lot, the north line of 
which was made the south line of the town. No. 11 was 
therefore the only one of these lots which came within the 
limits of Old Pittston. 

Lot No. 11 was conveyed by the Kennebec Proprietors to 
Thomas Hancock, Esq., of Boston, in accordance with a vote 
passed January 14, 1756, although the deed was not ac- 
knowledged until March 13, 1761. It is described as 
beginning at the E. S. E. end of the northerly line of a 
highway eight poles wide between Lots 10 and 11, where 
said line strikes Kennebec River, thence by said highway W. 
N. W. five miles, thence northerly one mile, thence E. S. E. 
five miles to said river, thence southerly to the boundary 
line first mentioned, "and is a tract of land of five miles in 
Length and one Mile in Breadth ; upon Condition that he the 
said Thomas Hancock Esquire, build a House, not less than 
twenty Feet Square, and settles a Family thereon, within 
one Year if not prevented by a War ; Reserving to this 
Proprietee, all the lands petitioned for by any Person or 
persons, together with all the Actual and Seperate Improv- 
ments made on the Premises, provided said lands petitioned 
for, and said Improvements be granted by this proprietee, 
within Three Years from the Date hereof." 

May 7, 1763, Thomas Hancock deeded a part of this lot 
to Jonathan Bowman "beginning upon Kennebec River at 
the North line of my Thirty two hundred acre lot called No. 
11 and at a Tree Marked (standing on the Bank) 11 opposite 
to Nehumkeag Island," thence running on said North line 
W. N. W. one mile, thence S. S. W. one hundred poles, 
thence E. S. E. to said river, thence up said river northerly 
to the first mentioned bounds. The remainder passed by 
will to Ebenezer Hancock, who deeded it, July 16, 1772, 
to "John Hancock, Merchant, of Boston, Esquire," except- 



LAND TITLES IN OLD PITTSTON 13 

ing- the two hundred acres belonging- to Jonathan Bowman. 
A part of the land is said still to be held by the Hancock 
heirs. 

North of No. 11 was an irregnlar lot called A B. It was 
triangular in shape, measured about five miles on the Ken- 
nebec, and terminated twenty rods north of the Cobbossee- 
contee River. It was conveyed to Silvester Gardiner by the 
following deed: 

To all to whom these presents shall come, Greeting — 
Whereas his late Majesty King James the first for the ad- 
vancement of a Colony and Plantation in New England in 
America, by his highness's Letters Patents under the great 
Seal of England, bearing date at Westminster the third Day 
of November in the Eighteenth year of his highness's Reign 
of England &c, did grant unto the Right Flonorable Lodo- 
wick late Lord Duke of Lenox, George late Lord Marquiss 
of Buckingham, James Marquiss of Hamilton, Thomas Earl 
of Arundle, Robert Earl of Warwick, Sir Ferdinando Gorges 
Knt. and divers others whose names are expressed in the 
said Letters Patents and their successors, that they should be 
one Body politick & corporate, perpetually consisting- of forty 
persons, and that they should have perpetual succession and 
one common Seal to serve for the said Body, and that they 
and their successors should be incorporated called and known 
by the Name cf the Council established at Plimouth in the 
County of Devon, for the planting, ruling, Ordering- & gov- 
erning of New England in America: and further also did 
grant unto the said President and Council & their Successors 
forever, under the Reservations in the said letters Patents 
expressed; all that part and portion of the said Country now 
called New England, in America, situate lying and being in 
Bredth from forty Degrees of Northerly Latitude from the 
Equinoctial Line to forty Eight Degrees of the said Latitude 
inclusively and of Length of and in all the Breadth aforesaid 
throughout the main Lands from Sea to Sea, together also, 
with all the firm Lands, Soils, Grounds, Creeks, Inletts, Ha- 
vens, Ports, Seas, Rivers, Islands, Waters, Fishing-s, Mines, 
Minerals, precious Stones, Quarries, and all and singular 
the Commodities and Jurisdictions, both within the said 
Tract of land lying upon the main as also within the said 
Islands and Seas adjoining: To have, hold possess and enjoy 
the same unto the said Council and their Successors and As- 
signs forever; to be holden of his Majesty his heirs and suc- 
cessors, as of his Manor of East Greenwich, in the County 
of Kent, in free and common vSoccage, yielding and paying- 
therefor to the said late King's Majesty, his heirs and Suc- 
cessors, the fifth part of the Oar of Gold and Silver, as in 



14 LAND TITLES IN OLD PITTSTON 

and by the said letters Patents, amongst other privileges 
and matters therein contained ; more fully and at large, it 
doth and may appear. 

And whereas the said Council established at Plimouth in 
the County of Devon by the Charter and Deed of Affeofment, 
bearing Date the Sixteenth Day of January A. D. one thou- 
sand Six hundred and twenty Nine by virtue and authority 
of his said late Majesty's Letters Patents, and for & in Con- 
sideration that William Bradford, and his Associates, had 
for these Nine years lived in New England aforesaid, and 
there inhabited and planted a Town called by the name of 
New Plimouth, at their own proper Cos is and Charges ; and 
seeing that by the special providence of God and their Ex- 
traordinary Care and Industry, they had increased their 
plantation to near three hundred People and were able to 
releive any New Planters or other his Matesty's Subjects 
upon that Coast ; granted & assigned unto the said William 
Bradford his heirs associates and assigns all that part of New 
England — (here follows a description of the tract in and 
about New Plymouth) — 

And forasmuch as they had no convenient place either of 
Trading or fishing within their own precincts, whereby after 
so long travel and great Pains so hopeful a plantation might 
subsist, as also that they may be encouraged the better to 
proceed in so pious a Work which might especially tend to 
the Propogation of Religion and the great increase of Trade 
to his Majesty's Realms and advancement of the publick 
plantation. 

The said Council further granted and assigned unto the 
said William Bradford his heirs, associates & assigns All that 
Tract of land, or part of New England in America aforesaid, 
which lyeth within or between and extendeth itself from the 
utmost Limits of Cobbiseconte alias Comasseconte, which 
adjoineth to the River of Kennebec, alias Kenebekike, 
towards the Western Ocean and a place called the falls of 
Neguamkike, in America aforesaid, and the space of fifteen 
English Miles on each side of the said River, commonly 
called Kenebeck river, and all the said River called Kene- 
beck, that lies within the said Limits and Bounds, Eastward, 
Westward, Northward or Southward last above mentioned, 
and all Lands, Grounds, Soils, Rivers, Waters, Fishings, 
situate lying and being, arising happening or accruing in 
or within the said Limits and Bounds, or either of them, to- 
gether with all Rights and Jurisdictions thereof, the Admi- 
ralty Jurisdiction excepted, in as free, large, ample and bene- 
ficial manner, to all Intents, Constructions and purposes 
whatsoever, as the said Council, by virtue of his Majesty's 
Letters Patents might or could grant — To have and to hold 



LAND TITLES IN OLD PITTSTON 15 

the said Tract and Tracts of land and all & singular the 
premises above mentioned to be granted with their and every 
of their Appurtenancies to the said William Bradford, his 
heirs, associates and assigns forever, yielding and paying 
unto our said Sovereign Lord the King, his heirs and Suc- 
cessors forever One fifth Part of the Oar of the mines of 
Gold and Silver, and one other fifth part thereof to the Pres- 
ident and Council which may be had, possessed and obtained 
within the precincts aforesaid, for all Services whatsoever, 
as in said Charter may more fully appear. 

And whereas the said William Bradford and his associates 
afterwards assigned over and surrendered up to the late 
Colony of New Plimouth, the aforesaid Tract on Kennebeck 
River, together with other lands, and the same Colony 
afterwards viz : on the Twenty seventh Day of October A. 
D. 1661, being seized of the whole Tract aforesaid, on Ken- 
nebeck River ; and also the lands on both side the said river 
upward to Wessarunscutt, by their Deed of Bargain & Sale 
of that Date, for and in Consideration of the sum of four 
hundred pounds Sterling, sold all the said lands on said 
River, to Antipas Boyes, Edward Tyng, Thomas Brattle & 
John Winslow, their and every of their heirs & assigns 
forever, as the said Deed, registered in the Records of said 
Colony, may more fully appear : 

Know Ye, That we the heirs and assigns of the said 
Antipas Boyes, Edward Tyng, Thomas Brattle and John 
Winslow, of and in all lands on Kennebec River aforesaid 
and legal proprietors thereof, at our meeting held at Boston 
this eleventh Day of December A. D. 1754 called & regulated 
according to Law have voted, granted and assigned to Sil- 
vester Gardiner of Boston in the County of Suffolk and 
province of Massachusetts Bay in New England Physician, 
his heirs and assigns forever, a parcel of land within 
our Tract aforesaid, situate, lying and being on the West 
side of Kennebeck River, Butted and Bounded as follows, 
viz : Beginning twenty Rods North of Cobbisconte River, 
and runs Westerly two miles, keeping the same Breadth and 
and then runs vSoutherly to the said Cobbiseconte River, and 
then runs on said River till it comes to the first Pond on 
said River, and then runs on the East Southeasterly side 
of said Pond, until it meets with the North Line of Lott 
No. 11, commonly called Thomas Hancock Esq. his Lott: 
then runs East South East on the North line of said Lott. 
until it meets Kennebeck River ; Then runs Northerly up 
said Kennebeck River, until it meets the first mentioned 
Bounds ; On Condition the said Silvester settles two fam- 
ilies on said Tract, within three years, if not prevented 
by an Indian War ; This lot granted to said Silvester 



16 LAND TITLES IN OLD PITTSTON 

lies in a Triangfular Form, and is called Lot AB in the 
Company's plan, as thereon delineated, and laid down by- 
John North Esq Surveyor. 
' — ' — ' In Witness whereof. The Proprietors afore- 

fl ^^^^ have caused their Seal to be hereto affixed. 
J David Jeffries prop 

— v^ Cler. 

December 17, 1760, the Kennebec Proprietors granted to 
Silvester Gardiner "Lott Number twenty", described as 
follows : Beg-inning- Twenty Rods to the Northward of the 
north side of the Mouth of Cobbisecontee Stream, where it 
empties itself into Kennebeck River, from thence to run a 
W. N. W. Course Five Miles, and from the end of Termina- 
tion of said five miles, to run a Northerly Course, one Mile, 
where it meets with the South Line of Lott Number Twenty 
one, and from thence to run an E. S. E. Course for five 
Miles, upon said South Line of said Lott Number Twenty 
one where it meets with said Kennebeck River, and from 
thence to run Southerly upon said Kennebeck River, until it 
meets with the first mentioned Boundary : with the same 
conditions, except the building of a house, and the same res- 
ervations as were contained in the grant to Thomas Hancock. 

January 8, 1761, Silvester Gardiner deeded the northerly 
half of this lot to Thomas Hancock. The conveyance was 
for a nominal price, ten shillings being the consideration 
named, and Dr. Gardiner received other lands in exchange. 
When Hallowell was incorporated, the center line of No. 
Twenty was made its southern boundary. This north half, 
therefore, which was afterwards known as the Bowman 
Point tract, was never a part of Pittston, but it was annexed 
to Gardiner in 1834. It is now in the town of Farmingdale. 

April 25, 1762, Thomas Hancock deeded to Jonathan Phil- 
brook of Kennebec River, Mariner, a lot from the northeast 
corner, measuring 50 poles on the river and 320 poles in 
length. Philbrook conveyed the same to Robert Pierpont of 
Boston, Feb. 1, 1768, and Pierpont, May 20, 1783, deeded it 
to his "kinsman, James Pierpont Fellows, a minor and son 
of Gustavus Fellows of Boston." 

The remainder of the north half of N. 20 passed by will 
from Thomas Hancock to his nephew William Bowman in 
1763. The latter, Aug. 29, 1792, deeded to James Springer 



LAND TITLES IN OLD PITTSTON 17 

of Pittston, shipwright, a lot measuring- twenty rods on the 
river and half a mile in length, and the rest, April 2, 1796, 
to Peter Grant, trader, and James Parker, physician, both 
Of Pittston, and James Springer, Moses Springer, Joseph 
Glidden and Hugh Cox, all of Hallowell. Carr Barker made 
a survey in 1795 and divided the land within four miles of 
the river into smaller lots. 

The original grant of No. 20 described it as beginning 
"twenty Rods to the Northward of the north side of the 
Cobbiseconte Stream". As the Cobbossee has two mouths, 
some litigation was necessary before it could be determined 
from which one measurements should be made. The south- 
erly one was finally decided upon. 

February 21, 1764, the Proprietors granted to Silvester 
Gardiner a tract described as follows: "Beginning on the 
West side of said Kennebec River, Twenty poles to the 
Northward of Cobbiseconte Stream, where it empties itself 
into said Kennebeck River, from thence running a West 
North West Course until it strikes Cobbisconte Stream that 
Issues out of Cobbiseconte great Pond, from thence to run 
Southerly down said Stream as the said Stream runs, to 
Cobbiseconte first Pond, then running along the Northerly 
End of said Pond to the vStream which issues out of said 
Pond. Then running Northeasterly, as said Stream run- 
neth to said Kennebeck River, and from thence twenty Poles 
northward of said Stream up said Kennebeck River, and is 
bounded Northerly by a Tract of Land formerly granted by 
said proprietors to said Silvester Gardiner Esq. and Westerly 
by said Cobbiseconte Stream which Issues out of Cobbise- 
conte great Pond, and Southerly by Cobbiseconte first pond, 
& Easterly by the Stream which Issues out of said Cobbise- 
conte first pond which empties itself into said Kennebeck 
River, then Northerly Twenty Poles up said Kennebeck 
River to the first mentioned Bounds, being Lots Twenty 
three G. & Twenty four G. delineated on a plan draughted 
by John McKechnie Surveyor Dated November 1762 & 
signed by David Jeffries proprietors Clerk." 

This deed recites that it is given in consideration of the 
grantee's "great Trouble and Expence in bringing forward 
settlements on said Kennebeck River." This clause has 
2 



18 LAND TITLES IN OLD PITTSTON 

been cited as evidence of Dr. Gardiner's special activity in 
that direction, but it appears that all of the deeds given to 
proprietors under the same allotment contain the same ex- 
pression. 

Another grant was made to Silvester Gardiner November 
8, 1769. It recites his purchase of Lot No. 20, his convey- 
ance of the northerly half of the same to Thomas Hancock, 
and his offer to purchase the land lying between the rear of 
the southerly half of said lot and ' 'Cobbiseconte great Pond' ' , 
and then conveys to him a tract "beginning at the West side 
of Cobbiseconte Stream on the East End of the North Line 
of the ten mile Lot number twenty two where it strikes 
Cobbiseconte River, from thence West North West on said 
North Line to Cobbiscontee great Pond, then Northerly 
up the Easterly side of said Pond until it meets a line 
running West North West from the Center of said Lot 
Number Twenty, thence to run an East South East Course 
on said Line to Cobbiseconte River, then down said River 
to the first mentioned Bounds and all the land lying between 
said stream and the Rear of the southerly half of said Lot 
Number twenty. In consideration of the said Silvester 
Gardiners paying for the Use of said Proprietors the sum of 
seventy five Pounds lawfull Money." 

By these several conveyances the Kennebec Company had 
deeded all of Old Pittston lying west of the Kennebec to two 
persons. Thomas Hancock had received five square miles, 
or 3200 acres, in the southerly part of the town, and the re- 
mainder had become the property of Silvester Gardiner. 
This part of Dr. Gardiner's possessions is called in his will 
his "Cobbiscontee Tract." 

The land east of the Kennebec was also divided into five 
mile lots, measuring one mile on the river and extending E. 
S. E. five miles. They were numbered from north to south, 
and the line between Hallowell and Pittston was through the 
center of No. 12. The disposition of such of these lots as 
fell within the limits of Old Pittston will now be given. 
Whenever a grantor is not named, it is to be understood that 
the title was derived from the Kennebec Company. 

The north half of No. 12 was granted to William Tufts 
of Kennebec, Feb. 9, 1763, and William Tufts of Pownal- 



LAND TITLES IN OLD PITTSTON 19 

borouofh, yeoman, conveyed it to William Vassall of Boston, 
gentleman, Feb. 11, 1764. 

The south half of No. 12 was gfranted to Silvester Gar- 
diner March 14, 1764. July 26, 1764, he deeded to James 
Winslow about ninety acres in the northwest corner, de- 
scribed as being- about three quarters of a mile above 
Cobbisconte Mill, measuring- 320 poles on William Vassall's 
south line and 40 poles wide. The same day he deeded to 
Joseph Glidden of Gardinerston, shipwright, another lot 
of the same dimensions south of Winslow's, and to James 
Flagg of Gardinerston, merchant, a lot of the same length 
and 50 poles wide next south of Glidden's. The act of in- 
corporation of the town Hallowell, 1771, describes the south 
line of the part lying east of the Kennebec as "at the north 
line of James Winslow's land lying within a thirty two hun- 
dred acre lot number 12." 

Lot No. 13 was granted to Silvester Gardiner Dec. 11, 
1754, by the same vote by which he received Lot A. B. west 
of the river. This g-rant is not on record in this county, and 
the record here given is from the books of the Kennebec 
Company. 

The north half of No. 14 was'granted to Silvester Gardiner 
Oct. 12. 1768, excepting "Fifty Acres being half of the 
hundred Acres granted to John Shanney as a settler." The 
Shanney lot will be inore particularly described in con- 
nection with the south half of this lot. The grants to Sil- 
vester just described constitute^what in his will he calls the 
Worromontogus Tract. 

The south half of No. 14, excepling fifty acres of the 
Shanney grant, was granted to James Bowdoin July 5, 1770. 
Bowdoin's deed is not onlrecord in this county, but the date 
is given in his deed]to Reuben Colburn, dated Jan. 1, 1773, 
which conveys to said'aColburn all of said south half, except 
"fifty Acres of land, being one half of a hundred Acre Lot 
gfranted by the Kennebeck Proprietors to John Shanney the 
twelfth day of October, 1763, said hundred acres fronting on 
said River and extending^in Width twenty poles on each side 
of the Center of said Lott Number fourteen and running- 
East South East three hundred and twenty poles." There 
is no record of the Shanney grant, nor of any deed running- 
from him. 



20 LAND TITLES IN OLD PITTSTON 

No. 15 was granted Aug:. 12, 1761, to Habijah Weld, 
Jonathan Fox, Samuel Fowle and Jonathan Reed. By a 
deed of division, dated Oct. 30, 1762, the grantees divided it 
into four lots, each eighty rods wide and five miles long. 
Jonathan Reed of Woolwich received the northerly lot, 
"except that part of the stream called Eastern River which 
runs through the same parcel and the mill privileges there- 
on." The next went to Habijah Weld of Attleboro, County 
of Bristol, "excepting the Brook running through the same 
called Negumkee Brook and the mill privileges thereon." 
The next lot became the property of Samuel Fowle of 
Woburn, County of Middlesex, and the fourth or south lot 
of Jonathan Fox, also of Woburn. 

In the original grant of No. 15 it is also called the 
Neg-umkee Lot. Negumkee is a modification of the name 
Nequamkick which was used in the grant of the Plymouth 
Council to Gov. Bradford and his associates, and has been 
further changed to Nahumkeag, by which name the stream 
and pond are now known. 

A lot of 100 acres, 50 poles wide and extending E. S. E. 
320 poles, from the southwest corner of No. 16, was granted 
to David Bailey June 8, 1763. The conditions of the grant 
were that the grantee should build a house not less than 
twenty feet square and seven feet stud, clear and bring to 
fit for tillage five acres of land within three years, live and 
dwell on the premises during said term, or in case of death 
then his heirs or some person under them, and they or some 
person under him or them should dwell thereupon seven 
years after the expiration of said three years ; also that he 
or they should work on the ministerial lot or in building a 
house for the public worship of God two days in a year for 
ten years when required and two days in a year on the pub- 
lic roads until said land should be erected into a township. 

The remainder of No. 16 was granted, April 23, 1783, to 
"the heirs and assigns of Paschal Nelson, late of London, 
Esq., deceased, and to the heirs of Robert Temple, senior, 
Esq., and Mehetabel his wife late of Charlestown in the 
Commonwealth of Massachusetts, deceased, considered as 
heirs or assigns of Sir Thomas Temple, deceased, in right 
of whom this grant is made." Robert Temple married 
Mehitable jNelson, and it was probably by some family ar- 



LAND TITLES IN OLD PITTSTON 21 

rang-ement that the grant was made jointly to the Temple 
and Nelson heirs. The next conveyance of record was 
dated Dec. 13, 1803, when Thomas Lindall Winthrop of 
Boston, administrator of the estate of John Nelson, late of 
the Island of Granada, deeded it to James Lloyd of Boston, 
and the same day Lloyd reconveyed to Winthrop "an 
undivided moiety." Both of these deeds contain an ex- 
ception of the Bailey lot. Thomas L. Winthrop, was 
Robert and Mehitable Temple's son in law, and was the 
father of Robert C. Winthrop of Boston. 

The lot east of the Kennebec, next south of No. 16, was 
called the Diamond Lot. It was of the same dimensions as 
the other lots, containing- five square miles. Its name was 
probably derived from its shape. A settler's lot of 100 acres 
was granted to Nathaniel Bailey of Pownalborough, yeoman, 
June 8, 1763. It was on the river, extending 50 poles each 
side of the center line and E. S. E. 320 poles. The con- 
ditions of the grant were that he should build a house not 
less than twenty-five feet square and seven feet stud, clear 
and bring to fit for tillage five acres of land within three 
years, live on the premises during said 'term, and that he or 
his heirs, or some person under them should dwell there for 
seven years after the expiration of said three years. The 
occupant was also to work on the ministerial lot or in build- 
ing a house for the public worship of God two days in a year 
for ten years when required, and two days in a year on the 
public roads until the lands should be incorporated into a 
township. 

The remainder of the north half was granted to Robert 
Temple, Esq., of Charlestown, May 9, 1764. Of the south 
half, eighty acres were granted to Silvester Gardiner June 
21, 1769. It was south of the Bailey lot, measuring forty 
poles on the river and extending back one mile. Aug. 28, 
1756, Gardiner had deeded the same land to Abner Marson 
of Pownalborough, labourer, showing that it had been 
allotted to Gardiner several years before he received his 
grant. All of the south half not included in previous grants 
became the property of Silvester Gardiner Aug. 22, 1770. 
Each . of the 80-acre grants referred to above reserves 
"liberty of passing and repassing in a Creek leading out of 
Kennebec River across said Lot." 



22 LAXD TITLES IN OLD PITTSTON 

Lot No. 17, sometimes referred to as the Vassall Lot. was 
"Voted, .f^ranted and assigned to Florentius Vassall, Esq., 
of London," Feb, 4. 1756. Nov. 2, 1763, he deeded to 
Walter Cane of Kennebeck River a lot of 100 acres from the 
center, similar to the other hundred acre lots which have 
already been described. This did not prevent him from 
giving Robert Twycross a deed of the same land in 1768, 
but the Cane deed was the one under which the land passed 
to future purchasers. James Flagg as administrator of 
Cane's estate sold it to Samuel Goodwin, Jr., of Pownal- 
borough, who in turn conveyed part to Samuel Eastman and 
part to Jonathan Burnell of Sherburn, Nantucket Island. 

The original grant of the Vassell Lot is not on record 
in this county. The remaining 3100 acres were sold for 
taxes in 1784, and were conveyed by tax deed to Joseph 
North of Hallo well. Dec. 27, 1786, they were redeemed by 
Richard Vassall of London, Florentius Vassall's son, and 
North reconveyed to him. The payment was made by 
Samuel Goodwin, and there is on record a long deposition in 
which he relates how he tried to get a bill of items from 
North, who refused to give it, said that the amount ten- 
dered was correct, put the money in his pocket and offered 
the deed, which Goodwin was obliged to accept. 

Florentius Vassall died in 1778, and by his will his real 
estate in America was to go to his son Richard and Richard's 
daughter Elizabeth, and then to Elizabeth's male heirs. 
Elizabeth had married Sir Godfey Webster, and they had 
two sons, Godfrey, who died in 1836, and Henry. While in 
Italy, in 1795, she became intimate with Lord Holland, and 
her husband obtained a divorce from her and a verdict of 
6,000 pounds against her paramour. After the divorce, Lord 
Holland married her, and she returned to England to be- 
come mistress of Holland House and leader of that illustrious 
Holland House Circle whose fame endures even to this day. 
To these family complications has been ascribed in part the 
neglect of the Kennebec property. 

Neglected at any rate it was, and like many tracts be- 
longing to absentee owners, it was taken possession of by 
"squatters." Henry Webster became a Lieutenant Colonel 
in the British Army, and in 1846 an action in his name 
against Peter Cooper was entered in the U. S. Circuit Court 



LAND TITLES IN OLD PITTSTON 23 

at Portland for the recovery of a part of the Pittston prop e rty 
A trial resulted in a verdict for the defendant, but the case 
was carried to the U. S. Supreme Court, which reversed the 
judg-ment and sent the case back for further proceeding's. In 
1854 the defendant was defaulted and judg-ment was entered 
for the plaintiff, but there is no record of any attempt on his 
part to enforce it. Sabine says in his "Loyalists of the 
American Revolution", that the suit was prosecuted in the 
interest of some persons in Boston who had purchased the 
rights of Henry and his mother, and that the litigation was 
terminated by the defendant paying: "a small sum for the 
land he occupied and each party his own costs." Both of 
these statements appear probable. 

We have nearly reached the south line of Pittston. Jan. 
7, 1764, the Proprietors conveyed to "Martin Hayley of 
Kennebeck, Husbandman," a lot of land beginning on the 
river at the westerly end of a road eight poles wide "which 
Road is the Northern Boundary of the Town of Pownal- 
borough," running E. S. E. 390 poles, then N. N. E. 45 
poles, then W. N. W. to the river, then southerly to the first 
bounds, containing one hundred acres. The consideration 
was 40 pounds, and the conveyance was absolute and with- 
out conditions. Hanson says that the first English hay cut 
in Pittston was raised on this land. The tax deeds of the 
Vassall lot make Martin Haley's land its southern boundary. 



VIII.— LOTS SOUTH OF THE COBBOSSEE 

In 1763 John McKechnie divided a part cf the land belong- 
ing to Silvester Gardiner, west of the Kennebec, into ten 
acre, eig-ht acre and five acre lots. The latter were south of 
the Cobbosseecontee River, and shall first receive our atten- 
tion. The McKechnie plan was dated Nov. 14, 1763. I 
have not been able to find it or a copy of it, but the five acre 
lots were copied into the Solomon Adams plan of 1808. They 
were twenty in number, and were numbered from north to 
south. The north line of No. 1 was near the north line of 
the lot on which the Public Library now stands. These lots 
fronted on Kennebec River, and were each twelve rods in 
width. From No. 1 to 15 they were seventy rods long, and 



24 LAND TITLES IN OLD PITTSTON 

the rest sixty-seven rods, the longer ones containing a reser- 
vation of forty feet for a road near the river. Lot No. 1, on 
the Adams plan, extends to Brunswick Square, now known 
as the Common; but as the western bounds of the lots fol- 
lowed the bendings of the river, there was a space left be- 
tween most of them and what is now Dresden Avenue. 

The consideration expressed in the deeds was nominal, five 
shillings being usually the amount named, but the grant was 
subject to the following conditions: The grantee to build and 
maintain a fence wherever his land abutted on that of Dr. 
Gardiner, to build a house not less than twenty feet square, 
to "clear and bring to" two acres of land fit for mowing or 
tillage within two years, to dwell on the premises by himself 
or some person under him for the term of seven years, to 
work three days each year for ten years on the highways, 
and two days each year during the same term on the minis- 
terial house or lot, or the house of public worship, and to 
pay each year six shillings "towards supporting such Ortho- 
dox minister as shall be obtained to preach the Gospel to the 
Inhabitants of such Plantation and approbated by the said 
Grantor, or his Heirs." 

Five acre Lot No. 1 was the first "settler's lot" deeded 
by Silvester Gardiner from his land west of the Kennebec 
within the limits of Old Pittston. The deed was dated Nov. 
25, 1763, and the grantee was "Joseph Glidden of Gardiners- 
town at Cobbiseconte on Kennebeck River, Shipwright." 
Feb. 11, 1768, Joseph Glidden, Gentlemen, deeded it to 
Henry Smith, Tavern Keeper, using the following descrip- 
tion : — Beginning at the West side of Kennebeck River, 
about fifty poles Southerly of Cobisconte Stream, and about 
two Rods southerly of Doctor Silvester Gardiner's Pot Ash 
House, then running W. S. W. seventy Poles, then running 
S. 19 deg. E. 12 Poles to Lot No. 2 belonging (to) James 
Flagg, then running E. N. E. to Kennebeck River, then 
running up said River to the first mentioned Bounds, re- 
serving forty feet wide for a High Way, as laid down on a 
Plan made by John McKechnie 14th of November, 1763, said 
Lot being No. 1, Saving and reserving to James Flagg the 
liberty and "priviledge" of the Shipyard now occupied by 
said Joseph Glidden for the term of three years from the date 



LAND TITLES IN OLD PITTSTON 25 

hereof, "to finish and compleat the two Vessels now on the 
Stocks", &c. 

With Henry Smith occurs a break in the chain of title, 
there being no record of any deed from him. But there are 
subsequent conveyances of the lot, in parcels, from Henry 
Dearbon and from Robert Hallowell Gardiner. As Cren. 
Dearbon's title came from Dr. Gardiner, the land must in 
some way have reverted to the latter, perhaps by an unre- 
corded deed. 

The manner in which Dearbon acquired his title is stated 
in a deposition by Oliver Whipple, Dr. Gardiner's son in 
law, in 1788. This deposition states that Dr. Gardiner, 
when his son William requested him to give Dearbon a deed, 
declined to do so ; whereupon William (who had authority 
to lease but not to sell) gave a lease for nine hundred and 
ninety years. Robert Hallowell Gardiner in his autobio- 
graphy says that the lease was for ninety nine years, and 
that when he came into possession of the Cobbosseecontee 
Tract, he confirmed Dearbon in his title. 

Gen. Dearbon built a house on this lot, on the westerly 
side of the road, occupying the present site of the Public 
Library. He also owned a building east of the road, which 
he describes as a dwelling house and store, also a wharf and 
ferry, as will appear by his deeds which will now be given 
with such comments as may serve to render them more in- 
telligible. 

Feb. 5, 1789, Henry Dearbon deeded to Ebenezer Byram 
of Pittston, carpenter, for 11 pounds, a piece of land begin- 
ning 58 feet from the S. E. corner of Dearbon's dwelling- 
house at a stake on the west side of the road and running 
sixty feet on said road to a stake and to extend back W. S. 
W. 9 rods, carrying said width of 60 feet ; also another piece 
nearly opposite on the easterly side of the road, viz. one 
third of the land and beach between the Ferry Road and the 
northerly line of five acre lot No. 2, owned by Joseph North, 
Esq., meaning the middle third of said piece, it being 32 
feet in width at the westerly end on said road. July 26, 
1798, he also deeded to Byram a small gore of land adjoin- 
ing to the house lot where he (Byram) now lives, beginning 
at the northwesterly corner of said house lot, thence running 
northerly in the same direction as the westerly line of the 



26 LAND TITLES IN OLD PITTSTON 

house lot runs 25 feet, thence easterly to the northeasterly- 
comer of said house lot on the west side of the highway. 
On the land sold by Dearbon to Byram stands the building- 
now occupied by A. R. Hayes & Co. for a coal office, on the 
extreme southerly side of the lot. 

Oct. 9, 1797, Dearbon deeded to Seth Gay, Esq., for $150, 
a piece beginning about six feet northward of the N. E. cor- 
ner of Gay's dwelling-house, thence running W. S. W. to 
the highway, thence across the hig-hway and continuing the 
same course 17 2-3 rods from the first bound to a fence, 
thence N. N. W. 43 1-2 feet, thence E. N. E. by Ebenezer 
Byram's line to the highway, then crossing the highway to- 
a stake 33 feet northward of the first bound, then E. 16 1-2 
degrees N. to the bank of the river, thence southerly to the 
first bound. 

The dwelling-house mentioned in the foregoing deed was 
what was afterwards known as the Old Post Office. The 
land between Hayes & Co.'s office and the Cobbossee Inn 
was included in Seth Gay's purchase. 

May 31, 1799, Dearbon deeded to Dudley B. Hobart, Esq., 
the undivided half of the southerly half of a dwelling-house 
and store with the ground on which the same stands, said 
building standing on the easterly side of the road leading 
from Benjamin Shaw's to Seth Gay's, and on the northerly 
side of the road laid out to said Dearbon 's ferry; said build- 
ing is 44 feet in length easterly and westerly and the one- 
half width is sixteen feet, and is tA^o stories high, being the 
same said Hobart now lives in; also one undivided half of 
the southerly half of a wharf between said building and the 
channel of Kennebec River. 

Dec. 24, 1803, Dearbon deeded to Rufus Gay of Gardiner, 
merchant, a piece of land, with the buildings thereon, be- 
g-inning on the west side of the county road and the north 
line of Ebenezer Byram's land, then running N. 16 1-2 de- 
grees E. 34 feet by the west line of said road, then S. 87 1-4 
degrees W. 63 feet, then S. 16 1-2 degrees E. 34 feet to a 
stake on the N. line of Byram's land, then N. 87 1-2 degrees 
E. 63 feet on Byram's N. line to first bound. Feb. 14, 1845, 
Rufus Gay deeded the same premises to Nathaniel M. Whit- 
more. Many will remember the ugly brick building which 



LAND TITLES IN OLD PITTSTON 27 

Stood on this lot, a little south of the Library, and which 
looked as if it were protruding into the street. The land 
now belongs to the Gardiner Library Association. 

Dec. 24, 1803, Dearbon conveyed to Joseph Bradstreet and 
Joshua Lord of Gardiner, traders, the rest of the land which 
we are now considering, with the exception of a passage 
way, 20 feet in width, to his ferry. The description in the 
deed is substantially as follows: — Beginning at a post on the 
westerly margin of Kennebec River at the northeasterly cor- 
ner of lot No. 1, thence running on the northerly line of said 
lot S. 67 1-4 deg. W. 6 rods and 7 feet to a post on the west- 
ern line of the county road, thence N. 22 3-4 deg. W. by 
Said road 6 feet to a post, thence S. 9 deg. W. 14 rods to a 
post on the N. line of lot No. 2, thence N. 67 1-4 deg. E. on 
said north line 6 rods to a post, thence N. 22 3-4 deg. E. 5 
rods 7 links to a post, thence N. 78 1-2 deg. E. by N. line of 
Ebenezer Byram's land 4 rods 24 links to a stake, thence N. 
16 1-2 deg. W. 34 feet to a stake, thence N. 87 1-4 deg. E. 
63 feet to a stake on westerly line of said county road, thence 
S. 60 deg. E. 4 rods obliquely across said road to a post on 
the east side of said road, thence N. 84 deg. E. 2 rods 20 
links to a post at high water mark on Kennebec River, thence 
northerly up said river to first bound, containing one and 
one-fifth acres more or less, with all the flats and water priv- 
ileges adjoining, &c., said piece of land being a part of lot 
No. 1. 

Nov. 16, 1843, a Deposition in Perpetuam was taken which 
relates to the Dearbon land and also contains some personal 
and historical information which is worth recording. For 
these reasons some extracts from it will be given here. 

"I, Rufus Gay of Gardiner, aged seventy three years, on 
oath depose and say, that I removed to Gardiner the year 
1786 ; that Gen. Henry Dearbon, late of the City of Boston, 
deceased, at that time resided in said Gardiner, and had a 
ferry between Gardiner and Pittston across Kennebec River, 
which I understood had been established the year previous- 
ly. The ferry on the Gardiner side was in front of Gen. 
Dearbon's dwelling house on Lot. No. one at the distance of 
ninety nine feet from the dividing line between Lots No. one 
and No. two. The passage from the main street in Gardiner 
to the ferry landing was forty feet in width, and was then all 



28 LAND TITLES IN OLD PITTSTON 

on the the north half of said Lot No. one. The land between 
said passage way and Lot No. two was divided into three 
Lots, of thirty three feet each in width, being- the southerly 
half of said Lot No. one, east of the road. The middle lot 
of these three was subsequently sold to Ebenezer Byram late 
of said Gardiner, and the southerly one to vSeth Gay. In the 
year either 1796 or 1797 the ferry and passage way leading 
to it were removed southerly thirty three feet occupying: the 
northerly lot of the three above mentioned and embracing 
also seven feet in width of the first mentioned passage way. 
This last mentioned space being forty feet in width was then 
known as and denominated the Ferry Lot. In the year 1796 
or 1797 a double wooden store was built by General Dearbon 
and Major Gannet on the north half of Lot No. one, and 
north ... of the Ferry Lot. . . . This store was forty 
feet northerly of the land sold to Ebenezer Byram. . . . 
Previously to the removal of the Ferry ways and landing 
.... a wooden store had been standing on the northerly 
lot of the three before mentioned, occupied by the late 
Nathaniel Kimball, which was then removed to make way for 
the accomodation of said last mentioned ferry ways and land- 
ing. In 1803 Gen. Dearbon sold to Joshua Lord and Joseph 
Bradstreet his dwelling house, the double store aforesaid and 
all his land on the east side of the road aforesaid excepting 
a space twenty feet in width on the road, which was reserved 
for the accommodation of his ferry, and at the same time 
sold them certain lands on the west side of said road. The 
twenty feet reserved by him . . . was the southerly part of 
the northerly lot of the three before described. The ferry 
ways and landing were continued upon the last mentioned 
reserved twenty feet up to the time of the establishment 
of the Horse Ferry by the Kennebec Ferry Company. I 
married into Gen. Dearbon 's family and after his removal 
from the state in 1801, I had charge of his Ferry and busi- 
ness and so continued up to the period of his death in 1829. 
.... In 1831 I commenced building the Ferry ways for 
the horse boat, under direction of Gen. Joshua Wingate, a 
son in law of Gen. Henry Dearbon, who had become a prop- 
rietor in the Kennebec Ferry Company, intending to sink it 
on the Ferry lot reserved as aforesaid, as run out by said 
Adams and Mann. Mr. Bradstreet came to the landing and 



LAND TITLES IN OLD PITTSTON 29 

objected to its being placed there. It being- necessary to 
have it constructed immediately I removed it further south 

and sunk it where it now remains " 

The deeds of the westerly part of five acre Lot No. 1, as 
has been already stated, were given by Robert Hallowell 
Gardiner. Dec. 20, 1803, he deeded to Nathan Bridge a 
lot of land bounded easterly by land of Joseph Bradstreet 
and others, "southerly by Lot No. 2 owned by Seth Gay, 
westerly by land conveyed by me to Joseph Lamson, and 
northerly, bv Lot Z which I this day conveyed to said 
Bridge." Bridge subsequently bought the Lamson lot, and 
thus became owner of all of No. 1 which was not included in 
Dearbon's purchase, as well as of Lot Z. The deed of the 
latter refers to a plan made by Dudley B. Hobart in Nov., 
1809, and the land is described as being north of Joseph 
Bradstreet's land, and "on the West side of the road lead- 
ing through that part of said Gardiner called Cobbissee." 
This application of the name Cobbossee to what is now the 
southerly end of Water Street is very frequent in old deeds. 
The lot described above which he purchased of R. H. 
Gardiner in 1803, Nathan Bridge deeded to Edward vSwan 
Dec. 3, 1806, and on this lot the grantee built the Swan 
house where J. Walter Robinson now lives. The house is 
said to be more than a hundred years old. 

Lot No. 2 was deeded by Silvester Gardiner to James 
Flagg, Feb. 10, 1764. On this lot was built a dwelling 
house which afterwards became a store and post office, and 
still later a workshop and a storehouse. It its latter days it 
was still known as the Old Post Office, and will be well re- 
membered by many. It stood near the apex of the acute 
angle made by Water Street and the road leading to the 
Steamboat Wharf. Hanson says that the house was built by 
Dr. Gardiner, but as his deed to Flagg makes no mention of 
a building and was for the usual nominal consideration of 
five shillings, it seems to me that it must have been built by 
Flagg. Aug. 24, 1765, Flagg mortgaged it to Joseph North, 
who married his sister, and North probably got title to it un- 
der the mortgage, as no other deed from Flagg to him is on 
record. In that "mansion", as one writer calls it. North, 
who was very prominent in the history of Gardinerstown, 
lived from 1772 to 1780, when he moved to that part of 



30 LAND TITLES IN OLD PITTSTON 

Hallowell which is now Augfusta. He was subsequently ap- 
pointed one of the Judges of the Court of Common Pleas for 
Lincoln and later for Kennebec County. Dec. 1, 1790, he 
sold the whole of Lot No. 2 to Seth Gay, who built on it a 
dwelling' house now used as a club house and known as the 
Cobbossee Inn. It is said to be the oldest building' now 
standing: in Gardiner, and to have been built in 1805. He 
located it near the north line of the lot, but, as has already 
been stated, he had purchased of Gen. Dearbon a strip on 
that side thirty three feet in width. 

Mar. 20, 1807, Seth Gay deeded a part of his lot to Jacob 
Davis of Gardiner and Benjamin Davenport of Hallowell, 
Hatters. It beg'an at the S. W. corner of Gay's g-arden on 
the N. side of a road running- from the River road to a road 
at the head of the five acre lots (School Street), measuring 
123 feet on the road and about 83 feet in the other direction 
to the vS. line of Lot No. 1. It will be seen from this deed 
that School St. passed through the center of Lot. No. 2. 
Davis and Davenport were partners, but the partnership 
was dissolved Apr. 10, 1812, and Davenport then conve:ved 
his interest in the land to Davis, who afterwards built a 
house on the lot where he lived for many years. This Davis 
house was where the residence of Mrs. Annie M. Blish now 
stands. 

Sept. 24, 1808, Gaj deeded to John Haseltine a lot measur- 
ing 94 by 256 feet, on which Haseltine built the house now 
occupied by Henry Richards. John Haseltine and Harriet 
Byram, danghter of Ebenezer, were married in 1814, and it 
is not unlikely that the house was built about that time. 

Lot No. 3 was deeded by Silvester Gardiner to William 
Bacon of Gardinerstown, Blacksmith, May 29, 1766, and 
Bacon deeded it to Stephen Jewett Nov. 5, 1789. The 
Jewctt house was on the west side of the road, on the bluff 
'east of the house where F. S. Smith now lives. The land 
there afterwards belonged to William R. Gay. Apr. 13, 
1795, Stephen Jewett deeded to Rev. Joseph Warren half an 
acre from Lot No. 3, beginning at "the northeastly corner of 
William Barker's fence", that is, on the north line of Lot 4. 
Warren sold in 1797 to Allen Gilman, and Gilman in 1798 to 
Rufus Gay, who built and lived in the house still standing 
there, now the property of Mrs. Harriet E. Gilmore. Gay 



LAND TITLES IN OLD PITTSTON 31 

sold to Parker Sheldon in 1827, and Sheldon to Benjamin 
Shaw in 1841. From Benjamin Shaw it passed to his wife 
Jane, probably by will, and Charles Danforth as adminis- 
trator of her estate conveyed it to Mrs. Gilmore July 28, 
1863. 

Lot No. 4 was deeded by Lydia Burrill of Boston, widow, 
to James Stackpole of Gardinerstown, Apr. 29, 1778. I 
have been unable to discover how it became Mrs. Burrill's 
property, but the hyopthesis of an unrecorded deed is always 
open to one. It may have been some defect in the record 
title which led Robert Hallowell Gardiner to give to William 
Barker, Stackpole's grantee, a quitclaim deed of this lot in 
1803. The date of Stackpole's deed to Barker is Dec. 16, 
1782. 

Lot No. 5 was deeded by Silvester Gardiner to John Denny 
of Gardiners Town, Cordwainer, Sept, 23, 1765. Denny 
conveyed it to James Stackpole Apr. 4, 1778, and Stackpole 
to William Barker, together with No. 4, Dec. 16. 1782, ex- 
cept one acre sold by Denny to Smith. Barker built a house 
and store on Lot 5 and lived there. I am told that his house 
was on the east side of the road. By his will, dated Apr. 7, 
1814, probated Oct. 28, 1823, William Barker devised to his 
grandson William B. Grant, called in his will William Grant, 
"the house where I now live and land under and adjoining 
the same with the store and buildings on the same, being 
about ten acres;" also the store which he had lately pur- 
chased of Joshua Lord : to his grandson Samuel Grant the 
north half of the lot last mentioned and a sum of money 
sufficient to build a store of the value of that purchased of 
Lord ; and the rest of his estate to his daughters Nancy 
Grant and Elizabeth Lord. The house in which William B. 
Grant lived, nearly opposite the freight station, is still known 
as the "old Grant house." 

Lot No. 6 was owned by Rufus Gay, but I have not been 
able to find out how he came by it. June 22. 1814, he deeded 
a small portion to Sanford Kingsbury, together with the right 
to take water, by aqueduct or otherwise, from a spring, 
situated near the south line of said Lot No. 6. The Swan- 
ton house, now owned by W. H. GHdden, is on this lot. I 
think that it was built by Rufus Gay and that he lived there 
the last of his life. 



32 LAND TITLES IN OLD PITTSTON 

Lot Nq- 7 was deeded by Silvester Gardiner to Peter Hop- 
kins of Gardinerstown Sept. 12, 1768, but Hopkins deeded it 
back to Gardiner Dec. 12 of the same year. Under Dr. 
Gardiner's will it descended to Robert Hallowell Gardiner, 
who deeded the north half lyingr west of the road to Sanford 
King-sbury, Attorney at Law, Nov. 8, 1805. Judge King-s- 
bury had a house where that of Mrs. Ellis now stands. 
Kingsbury sold to Ebenezer F. Deane, and in 1844 Deane 
conveyed to Harrison G. Lowell about sixty square rods at 
the corner of Water and Kingsbury Streets. Mrs. Anna 
Ellis purchased the Lowell property and built the house 
where she now lives. Lowell's deed to her is dated Mar. 15, 
1864. 

The north half of No. 7 was deeded by Robert Hallowell 
Gardiner to Samuel Haskell of Gardiner, Clerk, Dec. 20, 
1803, and Jan. 16, 1805, Gardiner deeded to Haskell the 
northerly half of the front of No. 7, between the road and 
the river. Haskell conveyed both parcels to Joshua Lord 
June 14, 1811. Col. Lord was a son in law of William Bar- 
ker, and he had a two-story house on the east side of the 
road. On the opposite side of the road, where the Merriam 
house now stands, were his barn and cider mill, "where", 
says William W. Bradstreet, to whom I am indebted for 
these particulars, "I have been and sucked cider through a 
straw." Ebenezer F. Deane purchased of Joshua Lord in 
1835. 

Lot No. 8 was deeded by Silvester Gardiner to James Cox 
of Gardiners Town, Housewright, Feb. 10, 1764, and he 
conveyed it to James Stackpole Mar. 2, 1779. It then passed 
successively to David Berry, Robert E. Nason, Henry Dear- 
bon, John Codman, and Robert Hallowell, who deeded it to 
John Gardiner Sept. 5, 1801. John Gardiner conveyed the 
north half to Joseph and Simon Bradstreet Sept. 11, 1801, 
and the south half to Joseph Bradstreet Dec. 9, 1803, and 
Aug. 15, 1806, Joseph quitclaimed his interest in the entire 
lot to Simon. The Simon Bradstreet homestead was the 
house now owned by John E. Cunningham, between the 
Merriam and Cooke houses. The Cooke house is also on No, 
8. The lot on which it stands was conveyed by the heirs of 
Simon Bradstreet to Ellen R. Cooke Oct. 28, 1870. 



LAND TITLES IN OLD PITTSTON 33 

Lot No. 9 was deeded by Silvester Gardiner to Abram 
Wyman of Gardinerstown Aug". 1, 1764. The deed is not 
on record, but is referred to in deed of Wyman to Abiel 
Lovejoy of Pownalboroug-h dated, Apr. 29, 1766. Abiel 
Lovejoy of Sidney and Mary his wife conveyed to John 
Gardiner Nov. 15, 1796, and John Gardiner to Joseph Brad- 
street by an unrecorded deed dated Sept. 30, 1825. Joseph 
Bradstreet conveyed the lotto Abby J. Bradstreet June 29, 
1831. Abby J. was the wife of William Bradstreet and 
William was the son of Joseph. William and Abby J. were 
the paients of Peter G. and William W. Bradstreet. Peter 
G. Bradstreet was the next owner and he resided there until 
his death. Mr. William W. Bradstreet says that the house 
was built while Rev. Joel Clapp was here. Mr. Clapp's 
pastorate was from 1832 to 1840. The lot is now owned by 
Mrs. Alice White. 

Lot No. 10 was deeded by Robert Hallowell Gardiner to 
James Tarbox of Gardiner, Joiner, Dec. 20, 1809. Space 
for a road was left between Nos. 10 and 11, but it was never 
laid out and the land was finally fenced in by the adjacent 
owners, one half by each. The house and lot lately con- 
veyed by William W. Bradstreet to Mrs. Arthur Stilphen is 
on the north side of No. 10, and the rest of the lot belongs 
to the heirs of Mr. Bradstreet, the heirs of L. S. Davis and 
Mrs. Mary B. Lapham. 

Lots 11 and 12 were deeded by Silvester Gardiner to James 
Burns of Gardinerston, Brickmaker, June 17, 1764, and by 
James Burns to Joseph Burns Nov. 17, 1768. Joseph Burns 
conveyed No. 11 to John Gardiner June 21, 1802, and the 
latter to Simon Bradstreet July 30, 1806. It was sub- 
sequently purchased by Capt. Hiram Waitt, who lived there, 
and whose heirs sold it to Fred S. Thorne. 

Lot No. 12 was deeded by Joseph Burns to Jeremiah Col- 
burn Sept. 1, 1798, and by Colburn to Rufus Gay June 25, 
1799. Mr. William Bradstreet, desiring; to purchase it, em- 
ployed Robert Thompson to make the barg-ain, and we ac- 
cordingly find a deed from Gay to Thompson and one from 
Thompson to Bradstreet bearing" the same date, Feb. 15, 
1847. Mr. Bradstreet conveyed it to his son, William W. 
Bradstreet, Mar. 24, 1859. The latter informed me that the 



34 LAND TITLES IN OLD PITTSTON 

house, in which he was then living, was built by himself and 
his father about the time of his marriage, which occured Jan. 
12, 1848. 

Lot No. 13 descended to Robert Hallowell Gardiner. Ex- 
tending it to Dresden Street, he divided it by a line half way 
between that street and the River Road. The western part 
he conveyed to Henry B. Hoskins in 1832, and the part be- 
tween the line and the River Road to Eleazer Tarbox in 
1839. Hoskins conveyed his part to William R. Gay in 
1838. 

Lot No. 14. The first reference which I find to this lot 
describes it as belonging to the heirs of John Moore. I have 
been unable to ascertain the origin of Moore's title, or to 
learn how it passed from the Gardiner ownership. There is 
a quitclaim from George R. Moore to John T. and Seth G. 
Moore of his interest in the lot, and also of his interest in 
No. 15, dated Aug. 25, 1851. Seth G. and John T. Moore 
deeded it to John Dunphy July 2, 1880. The two Dunphy 
houses are on this lot. John Moore was a son of Reuben 
Moore, and George R., John T. and Seth G. were all sons 
of John. 

Lot No. 15 was deeded by Silvester Gardiner to Jonathan 
Oldham of Gardinerstown, Mason, Oct. 11. 1766, and by 
Oldham to Reuben Moore Mar. 25, 1796. Oldham had given 
a previous deed, in 1785, to Gardiner Williams of Pittston, 
Trader, but it does not seem to have taken effect. Moore 
deeded quarter of an acre, at what is now the corner of Cot- 
tage street and River Avenue, Oct. 19, 1799, to Harlow Har- 
den. This was conveyed to James Tarbox in 1823 and by him 
to. Eleazer Tarbox, Jr., in 1826. Two of Eleazei's children, 
John E. and Ann M., now live there. Of the rest of the 
lot there are deeds from some of the other heirs of Reuben 
Moore to John T. and Seth G. Moore, and I think they ulti- 
mately owned most or all of it. The south bound of this lot 
was a road which is now known as Cottage Street. In old 
deeds it is called Cow Lane, or Cow's Lane, and in one in- 
stance Carr Lane. The last name is probably due to an 
error made in copying from another deed. 

Lot No. 16, the first lot south of Cottage Street, has the 
distinction of having had more successive owners than any 
other of the 5-acre lots. The following are the transfers : — 



LAND TITLES IN OLD PITTSTON 35 

Aug-. 3, 1768, Silvester Gardiner to Benjamin Fitch of 
Gardinerston, Millwrig-ht ; May 14, 1770, Fitch to William 
Gardiner of Boston, Gent. ; Sept. 25, 1783, William Gardi- 
ner to Joseph Silvester of Pittston, cabinet maker, with other 
land; Mar. 28, 1785, Joseph Silvester to John Silvester of 
Pittston. cordwainer; July 16, 1789, John Silvester of Bos- 
ton, Mariner, to William Barker of Pittston, Trader; Aug-. 
14, 1794, Barker to Robert Sever of Pittston, Carpenter; 
Mar. 23, 1798, Sever to James Bowers of Pittston, Clerk ; 
Nov. 19, 1802, James Bowers of Marblehead to Jeremiah 
Wakefield of Pittston, carpenter; Nov. 5, 1807, Wakefield 
to David Lincoln of Gardiner, mariner, July 19, 1824, Polly 
Lincoln as guardian of minor children of herself and David 
Lincoln to Robert H. Gardiner; Oct. 17, 1851, Gardiner 
to Sedgwick L. Plummer; Jan. 12, 1853, Sedgwick L. 
Plumer to Arthur Plumer ; May 14, 1856, Arthur Plumer to 
Frederic A. Butman of Dixmont ; Dec. 7, 1863, Butman of 
San Francisco to Stephen W. Tarbox ; Feb. 19, 1870, Tar- 
box to Sophia W. Rogers; Apr. 24, 1901, George L. and 
George W. Rogers to Maria Lancaster; June 5, 1901, Lan- 
caster to Nancy E. Potter; Oct. 19, 1909, Potter to Robert 
H. Gardiner. 

The first R. H. Gardiner lived for some time on this lot 
before the completion of his Oaklands mansion in 1836. vS. 
W. Tarbox built a house there which was occupied suc- 
cessively by himself, Rogers, Lancaster and Potter. It was 
burned in 1907. 

Lot No. 17 was deeded by vSilvester Gardiner to Denis 
Jenkins of Gardinerstown, Ship Carpenter, Aug. 10, 1768. 
He conveyed to William Barker Mar. 10, 1778. 

Lot No. 18 was deeded by Silvester Gardiner to Zacharias 
Flitner of Gardinerstown,. Surgeon, Sept. 23, 1765. He con- 
veyed to Henry Smith Sept. 27, 1773. 

Lot No. 19 was deeded by Silvester Gardiner to Henry 
Smith of Gardiners Town, Sept. 23, 1765. 

Lot No. 20 was deeded by Silvester Gardiner to William 
Low of Gardinerstown, Taylor, Aug. 2, 1768, and by Low 
to Henry Smith, Sept. 14, 1768. 

Lots 18, 19 and 20 were conveyed by Henry vSmith to John 
Bernard of Boston, July 17, 1775, and by Bernard, "now 



36 LAND TITLES IN OLD PITTSTON 

residing at Pownalborough", to William Barker, Apr. 18, 
1776. 

Lots 17, 18, 19 and 20 were conveyed by William Barker 
to Eleazer Tarbox March 5, 1781. After this there was con- 
siderable interchange of the land between the members of 
the Tarbox family, but most of the tract remained in the 
possession of the family until within a comparatively recent 
period. The last to live there was William Tarbox who 
died Apr. 24, 1873. The house was burned a few months 
previous to his death. Its site may still be distinguished by 
the remains of the cellar and by the thicket of lilacs which 
enclosed it during its latter days. This whole Tarbox tract 
has been purchased within a few years by Robert H. Gardi- 
ner, the present owner of Oaklands. By this acquisition, 
together with purchase of Lot No. 16, of which mention has 
already been made, he has extended the bounds of Oaklands 
to Cottage wStreet. 

Two modifications have taken place in the boundaries of 
the 5-acre lots, which should perhaps receive some notice. 
Between No. 2 and No. 16 they did not extend as far west 
as Dresden Street. After that street had been laid out, the 
owners as a rule bought of Robert H. Gardiner the land ly- 
ing between the rear line of their lots and the street. At 
the opposite end, when the railroad was built, most of the 
land between the River Road and the river was appropriated 
for that purpose. Some of it the Railroad Company pur- 
chased outright, while of some the fee remains in the former 
or present owners of the lots, I have not attempted to trace 
or to give an account of these changes. 



IX.— LOTS NORTH OF THE COBBOSSEE 

By the plan of John McKechnie, dated Nov. 14, 1763, 
some 8-acre and 10-acre lots, not less than thirty nine in 
number, were laid out north of the Cobbossee. Twenty of 
these lots were conveyed by Dr. Gardiner, but with the ex- 
ception of Nos. 5 and 17, they were subsequently re-con- 
veyed to him, or were forfeited for non-performance of con- 
ditions. As Nos, 5 and 17 cannot be traced to subsequent 
owners, it is probable that their history was the same as that 



LAND TITLES IN OLD PITTSTON 37 

of the others. When Solomon Adams made his plan in 1808, 
the old lines were ignored and a new division of the land 
was made. The original lots are therefore of little impor- 
tance except as showing the names of some of the persons 
who were concerned in the early settlement of Gardiners- 
town. For that purpose an abstract of the deeds will now 
be given. 

No. 1. Silvester Gardiner to Senear Door, Aug. 1, 1764. 
Beginning on the N. side of Cobbisseconte Stream, about 30 
poles northwest of the Saw Mill at a heap of stones on the 
road, thence N. N. E. 53 poles to a road, then W. N. W. 24 
poles on said road, then S. S. W. 53 poles to the highway, 
then E. S. E. 24 poles to the pile of stones first mentioned, 
containing about eight acres. Beniah Door deeded to Wil- 
liam Everson, schoolmaster, July 17, 1766, and Everson to 
Silvester Gardiner. May 14, 1770. 

No. 2. Silvester Gardiner to Daniel Tibbetts. Not re- 
corded. Description is from mortgage from Tibbetts to 
Gardiner, Sept. 19, 1766. Beginning at S. end of western 
line of Lot No. 1, thence on said line 53 poles to a road, then 
W. N. W. 24 poles to eastern line of Lot No, 3, then S. S. 
W. 53 poles to a road, then E. S. E. 24 poles to first bounds, 
with buildings thereon, containing about 8 acres. Forfeited. 
No. 3. Silvester Gardiner to William Philbrook, Dec. 1, 
1765. Beginning at S. end of western line of Lot No. 2, 
thence N. N. E. on said line 53 poles to a road, then N. N. 
W. 24 poles, then S. S. W. 53 poles to first mentioned road, 
then E. S. E. 24 poles to first bounds, containing about 8 
acres. William Philbrook, blacksmith, reconveyed to Sil- 
vester Gardiner, Aug. 2, 1773. 

No. 5. Silvester Gardiner to Samuel Berry, Oct. 1, 1765. 
Beginning at S. end of western line of Lot No. 4, thence N. 
N. E. 53 poles to a road, then W. N. W. 24 poles to a cross- 
road, then S. S. W. on said road 53 poles to the front road, 
hen on said road 24 poles to first bounds, containing about 
8 acres. Hanson says that this lot was "near the first dam 
on the Cobbossee." 

No. 6. Silvester Gardiner to Solomon Tibbetts. Not re- 
corded. Tibbetts reconveyed to Gardiner Aug. 2, 1773. 
Beginning on road 4 poles wide at S. S. W. end of E. line of 
said lot, thence N. N. E. on W. side of Paul Kenny's lot to 



38 LAND TITLES IN OLD PITTSTON 

a road 6 poles wide 53 poles, then W. N. W. on S. side of 
said road 24 poles, then S. S. W. on E. line of a road to a 
road 6 poles wide, then E. S. E. 24 poles to first bounds, 
with buildings thereon, containing about 8 acres. There is 
an error in above description. Kenny's lot was W. and the 
4-pole road E. of No. 6. 

No. 7. Silvester Gardiner to Paul Kenney, Sept. 18, 1766. 
Beginning on a road 4 poles wide at the S. S. "W. end of the 
E. line of No. 7, thence N. N. E. on the W. line of Solomon 
Tibbett's lot to a road 6 poles wide 53 poles, then W. N. W. 
on S. side of said road 24 poles, then S. S. W. on E. line of 
Stephen Kenny's 53 poles to another road 4 poles wide, then 
E. S. E. 24 poles to first bounds, containing about eight 
acres. Forfeited. 

No. 8. Silvester Gardiner to Stephen Kenney, Sept. 18, 
1766. Beginning at the S. S. W. end of the E. line of No. 
8, thence N. N. E. on W. line of Paul Kenny's lot 53 poles 
to a road 6 poles wide, then W. N. W. on S. line of said road 
24 poles to another road, then S. S. W. on E. line of Lot 
No. nine to another road 4 poles wide, then E. S. E. 24 poles 
to first bounds, containing about eight acres. Forfeited. 

No. 12. Silvester Gardiner to Ebenezer Tibbetts, Sept- 
18, 1766. Beginning at the S. S. W. end of E. line of No. 

12, thence N. N. E. on W. line of said Ebenezer's other lot 
No. 13, 53 poles to a road 6 poles wide, then W. N. W. on S. 
side of said road 24 poles, then S. S. W. on E. line of lot No. 
11, 53 poles to another road 6 poles wide, then E. S. E. 24 
poles to first bounds, containing about eight acres. Forfeited. 

No. 13. Silvester Gardiner to Ebenezer Tibbetts. Sept. 
18, 1766. Beginning at the S. S. W. end of the E. line of 
No. 13, thence N. N. E. on W. line of Henry Bickford's lot 
53 poles to a road 6 poles wide, then W. N. W. on said S. 
side of said road 24 poles, then S. S. W. on E. line of said 
Ebenezer's other lot No. 12, 53 poles to another road 6 poles 
wide, then E. S. E. 24 poles to first bounds, containing- 
about eight acres. Forfeited. 

No. 14. Silvester Gardiner to Henry Bickford, Dec. 22, 
1764. Beginning at the S. end of the eastern line of Lot No. 

13, thence on said line 53 poles to a road, then E. S. E. 24 
poles to western line of lot No. 15, then S. S. W. 53 poles to 



LAND TITLES IN OLD PITTSTON 39 

a road, then on said road 24 poles to first bounds, containing- 
about 8 acres. Forfeited. 

No. 15. Silvester Gardiner to Henry Bickford, Sept. 18, 
1766. Beginning on a road 6 poles wide at S. S. W. end of 
E. line of said lot, thence N. N. E, on W. side of said road 
53 poles to a road 6 poles wide, then W. N. W. on S. side of 
last mentioned road 24 poles, then S. S. W. on E. line of 
said Henry's other lot No. 14, 53 poles to another road 6 
poles wide, then E. S. E. 24 poles to first bounds, containing- 
about 8 acres. Forfeited. 

No. 17. Silvester Gardiner to Moses Bickford, Jan. 1, 
1765. Beginning at a road at S. end of eastern line of Lot 
No. 16, thence on said line N. N. E. 53 poles to a road, then 
E. S. E. 24 poles to western line of Lot No. 18, then S. S. 
W. 53 poles to first mentioned road, then W. N. W. on said 
road 24 poles to first bounds. 

No. 27. Silvester Gardiner to Nathaniel Denbow, Sept. 
18, 1766. Beginning on a road six poles wide at S. S. W. 
end of E. line of said lot, thence N. N. E. on a road sixty 
poles, then W. N. W. 24 poles, then S. S. W. on Lot No. 28 
sixty poles to a road 6 poles wide, then E. S. E. on said road 
24 poles to first bounds, containing about 10 acres. Forfeited. 

No. 32. Silvester Gardiner to Daniel Tibbetts. Not re- 
corded. Description is from mortgage from Tibbetts to 
Gardiner, Sept. 19, 1766. Beginning on a road 6 poles wide 
a. S. W. end of E. line of said lot, then N. N. E. 66 poles to 
a road 4 poles wide, then W. N. W. on S. side of said road 
24 poles, then S. S. W. 66 poles to a road, then E. S. E. 24 
poles to first bounds, containing about 10 acres. Forfeited. 

No. 33. Silvester Gardiner to William Philbrook, Dec. 1, 
1765. Not recorded. Description is from deed from Phil- 
brook to Gardiner, Aug. 2, 1773. Philbrook received 62 
pounds for his two lots, Nos. 3 and 33. Beginning at wS. S. 
W. end of E. line of said lot, thence N. N. E. on W. line of 
Daniel Tibbett's lot 66 poles to a road, then W. N. W. on S. 
side of said road, then S. S. W. on E. line of David Phil- 
brook's lot 66 poles to a road, then E. S. E. 24 poles to first 
bounds. 

No. 34. Silvester Gardiner to David Philbrook. Not re- 
corded. Hanson says that Philbrook reconveyed to Gardiner, 
Oct. 23, 1772, for 5 pounds. The deed is not on record. 



40 LAND TITLES IN OLD PITTSTON 

No. 35. Silvester Gardiner to Benaiah Door, Sept. 18, 
1766. Beginning on a road 4 poles wide at S, S. W. end of 
E. line of said lot, thence N. N. E. on W. line of David 
Philbrook's lot 66 poles to a road 6 poles wide, then W. N. 
W. on S. side of said road 24 poles, then S. S. W. on E. line 
of Solomon Tibbett's lot 66 poles to a road, then E. S. E. 24 
poles to first bounds, containing about 10 acres. Recon- 
veyed to Silvester Gardiner, Aug. 2, 1773. 

No. 36. Silvester Gardiner to Solomon Tibbetts, Sept. 
18, 1766. Beginning on a road 6 poles wide at S. S. W. end 
of E. line of said lot, thence N. N. E. on W. line of Benaiah 
Door's lot 66 poles to a road 4 poles wide, then W. N. W. on 
S. side of said road 24 poles, then S. S. W. on E. line of 
Paul Kenny's lot 66 poles to a road, then E. S. E. 24 poles 
to first bounds, containing about 10 acres. Tibbetts recon- 
veyed to Gardiner, Aug. 2, 1773, receiving 50 pounds for his 
two lots, Nos. 6 and 36. 

No. 37. Silvester Gardiner to Paul Kenny, Sept. 18, 1766. 
Beginning on a road 6 poles wide at S. wS. W. end of E. line 
of said lot, thence N. N. E. on W. line of Solomon Tibbett's 
lot 66 poles to a road 4 poles wide, then W. N. W. on S. side 
of said road 24 poles, then S. S. W. on E. line of vStephen 
Kenny's lot 66 poles to a road, then E. S. E. 24 poles to first 
bounds, containing about 10 acres. Forfeited. 

No. 38. Silvester Gardiner to Stephen Kinney, Sept. 18, 
1766. Beginning on a road 6 poles wide at S. S. W. end of 
E. line of said lot, thence N, N. E. on W. line of Paul 
Kinney's lot 66 poles to a road 4 poles wide, then W. N. W, 
on S. side of said road 24 poles, then S. S. W. on E. line of 
Lot No. 39 sixty six poles to a road, then E. S. E. 24 poles 
to first bounds, containing about 10 acres. Forfeited. 

The conditions on which these 8-acre and 10-acre lots 
were given were substantially the same as in the case of the 
5-acre lots, except that the payment of six shillings annually 
for the support of a minister was not required. Some of the 
deeds contained the stipulation that the lot should not be 
sold to any inhabitant until there were sixty families in the 
plantation. 

Nov. 22, 1773, Silvester Gardiner appointed William 
Gardiner his attorney to enter into and take "possession & 
seizen" of land mortgaged to him by Nathaniel Denbow, 



LAND TITLES IN OLD PITTSTON 41 

Paul and Stephen Kenny, Daniel and Ebenezer Tibbets, 
Henry Bickford and Joseph Lawrance, because they had 
"g-one off and left their respective places." William certi- 
fied that he had done as directed Nov. 29, 1773. Lawrance's 
land was east of the Kennebec ; all of the other lots named 
were part of the tract north of the Cobbossee which we have 
just been considering. The power of attorney and certificate 
were recorded in Kennebec County in 1804. 



X.— THE FORGED DEED 

One other deed purporting- to have been given by Silvester 
Gardiner appears upon both the Lincoln County and Kenne- 
bec County records. It reads as follows: — 

"Know all men to whom these presents shall come — Sil- 
vester Gardiner of Boston in the County of Suffolk, and 
Province of the Massachusetts Bay Esquire Sendeth Greet- 
ing — Know ye that I the said Silvester Gardiner for divers 
good causes and considerations me thereunto moving, as also 
for and in consideration of the sum of hundred Pounds law- 
full Money to me in hand well and truly paid by my loving 
son William Gardiner of Gardinerston in the County of Lin- 
coln and Province aforesaid Esquire, the Receipt whereof I 
do hereby acknowledge have and by these Presents do give 
grant bargain sell convey and confirm unto the said William 
Gardiner, a certain Tract of Land situate lying and being in 
Gardinerston in the County of Lincoln and Province afore- 
said, beginning at the mouth of Cobbissecontee Stream on 
the west side of Kennebeck River, and running Northerly up 
said River from thence half mile and twenty Rods, from 
thence running west North west until it meets Cobbisseconte 
Stream, then to run southerly as the said Stream runs to 
Cobbisseconte Pond, then to run on the northerly line of Lot 
No. 11, commonly called Thomas Hancock Esqrs untill it 
strikes Kennebeck River, then up the said River to the first 
mentioned Bounds, with all the Buildings Mills Dams, to- 
gether with all the Stock Farming Utensils on the farm 
leased to Samuel Norcross which lease expired the fifth 
March one thousand seven hundred & seventy nine with 
every thing that lyeth happening being or accruing within 
the Premises aforesaid, excepting those Lots of Land in the 
aforesaid Premises that I have granted and given by Deed." 

Then follow a covenant of warranty and other formal 
parts. Dated December 1, 1774. Signed by Silvester Gar- 



42 LAND TITLES IN OLD PITTSTON 

diner, with a seal. Witnessed by John McKay and Edwd 
Cazneau. Acknowledged before J. Hill, Justice of the 
Peace. Recorded in Lincoln County, August 13, 1787. 

The history of this deed, as collected from various sources, 
is substantially as follows : 

The settlement of Gardinerstown was begun in the fall of 
1760, when Dr. Gardiner sent thither a company of eight 
men. of whom five were accompanied by their families. 
They sheltered themselves in log huts during the winter, 
and in the spring entered actively upon their work. Within 
a few years, Dr. Gardiner had "cleared a farm, built a num- 
ber of houses, a fulling mill, a grist and saw mills, potash 
works and a wharf, and done whatever was neccessary for 
the prosperity of a village in its incipient state. He had 
given away 50 or 60 lots of from five to ten acres each, in 
the neighbourhood of his mills, and had aided the persons to 
whom he had given them with money to erect their build- 
ings."* Later he had sent his son William there to have 
charge of the property and to collect the rents and other in- 
come. Such was the condition of affairs at the breaking out 
of the American Revolution. 

When that event occurred, the sympathies of Dr. Gardiner 
were with the mother country. Accordingly, like many 
others of the same way of thinking, he left Boston in March, 
1776, when it was evacuated by the British army, going first 
to Halifax and from there to England, where he remained 
until the close of the war. 

The Massachusetts legislature passed some very severe 
acts against the tory refugees, one of which directed the 
Committees of Inspection and Safety to take charge of their 
estates and lease them for the public benefit. Under this 
provision William Gardiner was called upon to surrender his 
father's property. He was obliged to submit for the time 
being ; but on appealing to the Council, he was able to con- 
vince the members that he was the real owner of the estate, 
and that moreover he was loyal in his sentiments, whereupon 
the property was restored to him. Whether, in order to 
establish his ownership, he exhibited the deed, cr merely 
informed the Council of its existence, does not appear. 
*Ai;tobiography of Robert Hallowell Gardiner. 



LAND TITLES IN OLD PITTSTON 43 

William Gardiner afterwards acknowledged to Oliver 
Whipple, his brother-in-law, and to Samuel Goodwin that 
the deed had been forged for him by a British officer, for the 
purpose of preserving the property from seizure by the Com- 
mittee of Safety and from confiscation. Cazneau, one of the 
pretended witnesses, testified that the signature of his name 
was spurious and that he had never signed any such deed. 
No person corresponding to the other witness, John McKay, 
was ever found, and it was supposed that the name was ficti- 
tious. Whipple also says that when he saw the deed there 
was "noted up or annexed to it" a deposition of Cazneau's 
in which it was declared to be a forgery, and that William 
promised him to destroy both papers.* The promise, how- 
ever, was not performed, and when William died in 1787, it 
was found among his papers, and his brother and adminis- 
trator, John Gardiner, had it recorded in Lincoln County. 
Robert Hallowell Gardiner says in his Autobiography that 
his uncle John 

"told ray Mother of it, and in a half jocose way, said that 
he meant to have it recorded and claim his share of the prop" 
erty. This distressed my mother who would remonstrate 
with him, that as he knew the deed to be a forgery he would 
not be so dishonest as to endeavor to establish it. He would 
reply that property was a creature of the law, and if law 
would give it to him he knew of no reason why he should 
not take it. My mother felt however that he had no inten- 
tion of proving the validity of the deed, for it was in his 
possession six years, during which he did not even have it 
recorded, but was only meaning to tease his sister." 

Mr. Gardiner was in error as to the deed's not being re- 
corded. When John Gardiner died in 1793, it passed into 
the possession of his son and administrator, William Gardi- 
ner, who had it recorded in Kennebec County, and began an 
action of ejectment against Robert Hallowell as guardian of 
his son Robert for the possession of the Cobbosseecontee 
Tract. The suit was in court about six years before it was 
terminated by a verdict for the defendant. 

"Depositions in memoriam of Whipple, Goodwin and Cazneau, 
Countv Records. 



44 LAND TITLES IN OLD PITTSTON 

XI.— WILL OF SILVESTER GARDINER 

After the conclusion of hostilities between Great Britain 
and the United States, Silvester Gardiner returned to this 
country, and resumed the practice of his profession in New- 
port, R. I., where he died August 6, 1786. His will, with 
four codicils, was probated in Newport, August 21, 1786. 
In 1820 they were again probated in Kennebec County, 
Maine, on petition of Robert Hallowell Gardiner, and the 
original will and codicils are now on file in the Probate Of- 
fice of that county. The following copies have been care- 
fully prepared from the original papers: 

In the Name of God Amen 

I Silvester Gardiner, late of Boston in the County of Suf- 
folk, now residing at Newport, in the County of Newport, 
and State of Rhode Island and so forth physician, being of 
Sound Understanding and Memory, for which I return my 
most humble praise and thanks to my mighty and Merciful 
Creator, and calling to mind the uncertainty of my Life, and 
that it is appointed to all Men once to Die, do make and or- 
dain this, my last Will and Testament. 

First I do most humbly resign my vSoul to God, humbly 
beseeching him to pardon all my Sins through the all suffi- 
cient Merits and Mediation of my Blessed Saviour and most 
Mighty Redeemer Jesus Christ. I Commit my Body to the 
Earth from whence it was taken in Assurance of its Resur- 
rection at the last day when the Lord Jesus shall change it, 
that it may be fashioned like to his Glorious Body by his 
mighty power whereby he is able to subdue all things to 
himself. As to my burial, I desire it may be decent without 
Extravagance, at the discretion of my Executors hereafter 
mentioned. I order all my Debts and funeral Charges to be 
paid as soon as Convenient after my Decease, such Worldly 
Goods and Estate it hath pleased God to give me I dispose 
of in the following Manner. 

Imprimis, I Give and Devise unto my two vSons in Law 
Robert Hollowell Esquire and Oliver Whipple of Portsmouth 
in the State of New Hampshire in America Esquire all my 
Cobbisecontee Tract of Land, so called at Gardinerston, 
lying on the West Side of Kennebec River, Abutting on 
Cobbisecontee great Pond, and lies on the North and South 
Side of Cobbiseconte great River, as by the several grants to 
me will appear. Also an Island on Kennebeck River con- 
taining about One hundred and twenty Acres, which was 
formerly called Lynd's Island, but now Gardiners Island, 
and now Let upon Lease to Joseph Smith, the foregoing 



LAND TITLES IN OLD PITTSTON 45 

Island and Land on this Special Trust, for the Express fol- 
lowing- purpose, (that is to say) 

To and For the Sole use and Benefit of my Son William 
Gardiner Esquire during" his Life, and afterwards to the 
Heirs Male of his Body lawfully begotten, and in default of 
such Heirs Male, then to the Eldest Daughter of the said 
William Gardiner and the Heirs Male of her Body lawfully 
begotten, and in default of such Issue Male or Female, I 
Give and Devise all the aforementioned premises, to my 
Grandson Robert Hollowell, Son to Robert and Hannah 
Hollowell, and the Heirs of his Body lawfully begotten, and 
in default of Heirs Male, then to the Eldest Daughter of the 
said Robert Hollowell, and the Heirs Male of her Body law- 
fully begotten, and in default of such Heirs, Male or Female, 
of the said Robert Hollowell, then I Give and Devise the 
aforementioned premises to my Grandson Silvester Whipple, 
Son to Oliver and Abigail Whipple, and the Heirs Male of 
his Body lawfully begotten, and in default of such Heirs 
Male, then to his Eldest Daughter, and the Heirs Male of her 
Body lawfully begotten; on this Condition, that in Case the 
devised premises should pass to the Heirs Male of the said 
Robert Hollowell, or the Heirs Male of the said Oliver 
Whipple, in such Case the said Male or female heirs, Shall be 
Obliged to change or procure his Name to be Changed from 
Hollowell or Whipple, as the Estate may happen to pass to 
the one or the other, to the Name of Gardiner, and in default 
of such Issue Male or Female before specified, then to the 
next Heir at Law, and in Default of Lawful Heirs then to 
Saint Ann's Church in Gardinerston. 

I give and bequeath Twenty Pounds Sterling to be paid 
annually for Ever in four Equal Quarterly Payments out of 
the Rents and Incomes of my Cobbisecontee or Gardinerston 
Estate aforesaid, to the Episcopal Minister for the Time be- 
ing of Saint Ann's Church in the said Gardinerston, who 
shall be duly presented and Inducted into the said Church, 
And he shall be deemed rightly Inducted, and Instituted 
who shall be presented to the same by my said Son William 
Gardiner or his Pleirs, the perpetual Successive patrons of 
the said Church always supposing that the Major part of the 
Parishioners of the said Church duly qualified by Law to 
Vote, Agree to the Nomination or Presentation, But if the 
Major part of the Parishioners duly Qualified, shall oppose 
the Person presented by the Patron for the Time being, he 
shall then Present a second within One Year after such Re- 
jection, and if he also be opposed in like manner, He shall 
Present a third, who shall be Inducted, any Opposition Not- 
withstanding. 

And if the Patron for the Time being- upon a Vacancy of 
a minister of the said Church by Death or removal shall 



46 LAND TITLES IN OLD PITTSTON 

Neglect to present within Twelve Months, another Candidate 
for the same, the Parishioners of the said Church, being- 
Convened, by their Wardens, shall have power by Major 
Vote to present one themselves for that time only, the Pat- 
ron's right returning, again, upon the next Vacancy, and 
the person so Chosen by the Parishioners, shall have a good 
and legal Right Annually during his Ministry at the said 
Church to the Twenty Pounds Sterling out of Rents and In- 
comes of the said Estate, to be paid by the Patron for the 
time being as tho he had Presented himself. And further the 
said Twenty Pounds Sterling Annually or so much of it, as 
shall become due. during any Vacancy in the Ministry of the 
said Church shall be paid to the next Incumbent, and I 
Order and Direct the said Church of St. Ann's to be decent- 
ly finished, if not done before my Death, out of my personal 
Estate, I give to the Church of St. Ann's in Gardinerston 
forever Ten Acres of Land in Gardinerston to be laid out 
by my Son William, and my two Executors hereafter men- 
tioned, so as to include within the bounds of the said Church 
and Parsonage House. 

I give and bequeath my whole Library of Books, for a 
Publick Library, by the Name of the Gardenian Library, 
for the Use of the Settled Episcopal and Dissenting Clergy, 
And the Physicians that shall live within Fifteen Miles East 
and West of Kennebeck River, and Twenty Allies North and 
South from the Church, on the said River, the Library to be 
always kept at Gardinerston, and the Episcopal Minister 
there, for the time being to be the Librarian, on his giving 
sufficient Security to my Son William, his Heirs and Suc- 
cessors in the Estate for Ever, which, if he refuses or 
Neglects then some other Person to be the Librarian, who 
shall give such Security, said Library to be always subject 
to the Rules and Regulations hereunto annexed and Signed 
wnth my own Hand. 

I Give and Bequeath to my dearly beloved Wife Catharine 
Gardiner the Interest of One Thousand Pounds Sterling, 
which Sum I order and direct ray Executors hereafter named 
to Place out on good and Sufficient Security at Lawful In- 
terest, or to lay out the same in the Publick Funds, as my 
said Wife shall direct. And the Interest, I also direct to be 
paid to my said Wife every half Year, during her remaining 
a Widow, but in Case my said Wife should marry again, 
then in that Case, I direct and order my Executors to pay 
my Widow the Interest of Five hundred Pounds wSterling 
only during her Natural Life, and no discharge except a 
Receipt under own hand in writing, signed by the Hand 
of my said Widow, shall be sufficient to discharge my Ex- 
ecutors from the payment thereof during her Life, and after 



LAND TITLES IN OLD PITTSTON 47 

lier death the Principal shall descend to my Heirs to be 
equally divided amon§: them as before directed. 

I Give and Bequeath to my two Daughters Hannah Hol- 
lowell and Abigail Whipple, the whole of Worrementogos 
Track, Containing about Six Thousand Acres of Land, 
bounded Westerly on the East Side of Kennebeck River, as 
by the three Grants of the said Land from the Kennebeck 
Company, to me, will more fully appear, to be equally di- 
vided between them, the Northerly half, I devise to Mrs. 
Hollowell, the Southerly half I devise to my Daughter 
Whipple, Each of them Paying annually for Ever, Three 
Pounds Sterling out of the Rents and Profits of the said Land, 
to the Episcopal Minister for the Time being of St. Ann's 
Church in Gardinerston, who shall be Elected and duly In- 
ducted in the said Church. 

I give and Devise to my Daughter Rebecca Dumaresque, 
my Lott of Land called the Diamond Lott, Containing Six- 
teen Hundred Acres, jis pr Grant from the Kennebeck Com- 
pany, as Delineated and Laid down, on the Kennebeck Com- 
pany's Plan, made by John North Esqr., to hold during her 
Natural Life, and then to the Male Heirs of her Body law- 
fully begotten, and in default of Male Heirs, to be equally 
divided amons" her Daughters that may be living at the time 
of my decease, She and her Heirs paying Annually, the sum 
of Forty Shillings Sterling out of the Rents and Profits of 
the said Land to the minister of St. Ann's Church in Gardi- 
nerston, who shall be duly Elected and Inducted to the said 
Church. 

Also I Give and Devise to my Daughter Dumaresque the 
Sum of Three hundred Pounds Sterling. 

Also I Give and Bequeath to my Daughter Ann Brown 
the sum of Three Hundred Pounds Sterling, All the Rest 
and Residue of my Estate, Real and Personal, I Order to be 
sold by my Executors, who are Hereby fully Empowered to 
make Deeds and Conveyances of the Real Estate, According 
to their discretion and the Money arising from the Sales of 
such Real Estates, to be divided into Six Equal Shares. 
One Share, I Give my said Daughter Brown, One Share my 
said Daughter Hollowell, One Share to my said Daughter 
Whipple, One Share to the Children of John Gardiner Esqr. 
Barrister at Law, late of the Island of St. Christophers, now 
resident at Boston New England (as 'tis said) and to the 
said John Gardiner himself, 1 give only the Sura of one 
Guinea out of my Estate, and it's my Will and Order he 
shall have no more. One equal Share I give to my said 
Daughter Dumaresque, together with the aforesaid Sum of 
Three Hundred Pounds Sterling as above Devised, to be 
put out at Interest by my Executors hereafter named on good 



48 LAND TITLES IN OLD PITTSTON 

Security, and the Interest or Income to be paid to her Half 
Yearly during- her Life, or to such Person or Persons for such 
uses as she by a writing- under her own Hand, shall direct or 
Order, and no discharg-e except a Receipt in writing signed 
by the Hand of my said Daughter Rebecca Dumaresque, 
shall be sufficient to discharge my Executors from the Pay- 
ment thereof during her Life and after her Death the same 
Sum Principal and Interest due, shall be equally divided 
among- her Daughters, that shall be then Living, and paid 
them accordingly. 

One Other Share I Give to my Son William Gardiner to 
be put out at Interest on good Security for this Use, Viz. to 
be applied the Interest thereof as it shall become due, 
towards discharging a Bond, in which I was bound to a Per- 
son in London, whose Name I have forgot, for his Debt un- 
till the same shall be paid, but if that same Debt shall be 
paid or Discharged in my Life time. Then it's my Meaning 
and Will that the Interest of this same Sum given or in- 
tended for the Use of my said Son William shall go and be 
divided in Equal vShares among and between my daughter 
Hollowell, my Daughter Dumaresque, mj'- Daughter Brown, 
my Daughter Whipple, and the said John Gardiner's Chil- 
dren, they to have One Sixth Part and the said Interest to 
be Apply ed and paid accordingly, so long as that it shall 
amount to the whole debt and Interest, for which I was 
so Bound, and after my said Six Heirs shall have Received 
and divided among them out of the said Interest so much as 
the full amount of the said Debt and Interest, for which I 
am so Bound, the same being paid by me in my Life time, 
then the Interest of the said Sum so given or Designed for 
the use of my said Son William, shall be the One half of it paid 
Annually to him, and the other half of it laid out in the Im- 
proving the Estate at Cobbisecontee, as may be agreed on 
between the executors and the said William Gardiner. 

And in Consideration of the faithful Services of my Ser- 
vant Maid Bellaco, I give her all her Wearing apparel with 
the Bed and Bedding she has usually used, together with Ten 
Pounds vSterling, for the purchasing of Household Furniture. 
I Also Give her the Sum of Sixteen Pounds Sterling pr An- 
num, to be paid her Quarterly during her Natural Life by 
my Executors, and for the faithful Payment thereof it's my 
Will that my Real Estate stand Chargeable, and that my 
Executors shall and may detain and keep in their own hands 
and possession so much Money from the Share or Portion 
from each of my Heirs before named, as shall be sufficient 
to secure the Punctual Payment of the said Sixteen Pounds 
Sterling pr Annum, during the Life of my said faithful Ser- 
vant Bellaco. 



LAND TITLES IN OLD PITTSTON 49 

And I do hereby Constitute and appoint my said Sons in 
Law Robert Hollowell and Oliver Whipple Esquires Execu- 
tors of this my last Will and Testament. 

And Lastly I do hereby Revoke, Annull and make Void 
all former Wills and Testaments by me at any time made. 

In Witness whereof I the said Silvester Gardiner have to 
this, my last Will and Testament, Containing Six Sheets of 
paper, Set my hand and Seal to the Last Sheet thereof, my 
Hand only to the blank Sheets. 

Silv Gardiner (Seal.) 

Signed Sealed Published and declared by the said Silvester 
Gardiner Esqr. as his last Will and Testament, in the pres- 
ence of us, this 25th day of April, in the Year of our Lord, 
One thousand seven hundred and Eig-hty Six. Witness 
John Bours, Thomas Robinson, Sarah Robinson. 

Codicil 1 

A Codicil to be be added to and be part of the Last Will 
and Testament of Silvester Gardner late of Boston, in the 
County of Suffolk, now residing at Newport in the County of 
Newport, and State of Rhode Island, and so forth. Physician. 

Whereas I have made and published a Will in Writing 
bearing date the Twenty fifth Day of April, A. D. 1786, 
Now I the said Silvester Gardner, do hereby ratify and con- 
firm the same, with the following additions or alterations, to 
wit. 

I give and bequeath to my son John Gardner, one thou- 
sand Pounds lawful Money, to be paid by my Executors in 
my Will aforesaid named, in two Years after my decease, 
out of Monies that shall arise from the Securities now lodged 
in his hands to collect the payment of. 

I do by this my Codicil revoke annul & make void the 
Legacy in & by my said last Will & Testament bequeathed 
my Servant Maid Bellaco. 

It is my Mind & Will that the Powers of Attorney by me 
given to my Son in Law Oliver Whipple, Esq; my Son, John 
Gardner, and Edward H. Robins of Boston, and Doctor 
Elijah Dix of Worcester, shall continue, be in force and 
valid, until the arrival of my Son in Law, Robert Hollowell 
Esq; in this Country, and that until that time, that my said 
Attornies shall account for their Conduct to & with my other 
Exeuor the said Oliver Whipple, Esq; 

For and in consideration, the trouble my Exeuor Robert 

Hollowell Esq; may have in the Settlement of my Estate, I 

do hereby give him one hundred pounds Sterling Mony pr 

Annum, and the liberty to live in any one of my houses, 

4 



50 LAND TITLES IN OLD PITTSTON 

particularly the new one at Cobbiseconte or Gardinerston 
Estate, if he pleases, rent free, until a final Settlement of the 
Estate. 

I give and devise all my part and right in Swan Island to 
John Silvester John Gardner to hold to him, his heirs and 
Assigns forever. 

I give and devise to my beloved Wife Catharine Gardner, 
in addition to what I have already given her in & by my said 
last Will & Testament all my Plate & household Furniture 
of every Sort and kind, that I may die possessed of, and also 
the Sum of thirty pounds lawful mony yearly and every 
year, during her life, to be paid her by my Executors out of 
my Estate. 

And I do also hereby declare, that my said wil] in writing, 
and this Codicil which I will shall be added to & deemed part 
thereof, do contain my last Will & Testament. In Witness 
whereof I have hereunto set my hand & Seal, the twenty 
fifth day of April, A. D. 1786. 

Silv Gardiner. 

Signed, Sealed and published by the said Silvester Gar- 
dner, as and for a Codicil to be added to, and be part of, his 
last Will & Testament, in the presence of us who subscribed 
our names in his presence. John Bours, Thomas Robinson, 
Sarah Robinson 

Codicil 2 

In addition to the aforegoing Will & Codicil, my Will and 
Desire is, that my Wife Catharine Gardiner be provided .by 
my Executors with a suitable & convenient Part of a House 
for her to live in where She may chuse during her Residence 
in America, the Rent of the same to be paid out of my Es- 
tate ; But provided She chuses to return to England, then 
in that Case, my Will is, that my Executors pay the Ex- 
pences of her Passage, together with the Passage of a Ser- 
vant to attend her 

In witness to the above I have hereunto set my hand and 
Seal this twenty sixth Day of April 1786. 

Silvester Gardiner. (Seal.) 

Signed sealed published & declared by the said Sylvester 
Gardiner as a part or Codicil to his last Will & Testament in 
presence of us. John Bours, James Robinson, Mary Rob- 
inson. 

Codicil 3 

A Codicil to be added to, and be a Part of the last Will & 
Testament of Sylvester Gardiner, late of Boston, in the 
County of Suffolk, now residing at Newport in the County 
of Newport, and State of Rhode Island &c. Physician. 



LAND TITLES IN OLD PITTSTON 51 

I do hereby revoke and disannul that part of a Codicil to 
my last Will & Testament made & executed the Twenty fifth 
Day of April last whereby I have given to my Wife Catha- 
rine Gardiner, the Sum of Thirty Pounds lawful Money, 
Yearly, and every Year during her Life ; And also the whole 
and every part of another Codicil made and executed in 
favour of my said Wife Catharine Gardiner, the Twenty 
sixth Day of April last ; And for and in Lieu thereof I do 
hereby give & bequeath to my said Wife Catharine Gardiner, 
the Sum of Five hundred pounds lawful Money to her sole 
use & Disposal, to be paid to her by my Attorney Edward 
Hutchinson Robbins, out of the Securities or Credits, which 
I have put into his hands to collect & secure, Together with 
an Annuity of Fifty pounds lawful Money, to be paid to my 
said Wife Catharine Gardiner, half Yearly, during her 
natural Life, by my said Attorney the said Edward, out of 
the Residue of the Securities, or Credits in my said At- 
torney's hands, which I hereby make Chargeable for that 
Purpose. All which is to be considered in Lieu of my said 
Wife Catharine Gardiner's Right of Dower or Claim of 
thirds. 

In Witness whereof I have hereunto set my hand & Seal 
this First Day of May in the Year of our Lord One thou- 
sand seven hundred and eighty six. 

Silv Gardiner (Seal.) 

Signed, sealed published, and declared by the said Sylves- 
ter Gardiner as a part and Codicil to his last Will & Testa- 
ment in the Presence of us. John Bours, Hannah Robinson, 
Mary Robinson. 

Codicil 4 

In addition to my Will & Codicils thereto annexed & added, 
all which I do hereby ratify and confirm I do now give and 
bequeath to my son John Gardner, his heirs and Assigns, 
my House & Lot of Land with the Appurtenances to the 
same belonging in the Town of Boston, which belonged to 
my late Father in Law Doctor John Gibbins. I do also 
hereby give to my said Son John Gardner, his heirs & As- 
signs, the one half part of my Pownalborough Farm in the 
State of the Massachusetts and the other half part of said 
Farm my Will and Desire is should be equallv divided be- 
tween my Grand Son William Gardner and Grand Daughter 
Ann Children of my said Son John Gardner said Pownal- 
borough farm being on the Eastern river. 

In Witness to the aforegoing Codicil, I do hereby set my 
hand & Seal the Twelfth Day of May. in the Year of our 
Lord one Thousand seven hundred «& eighty six. 

Silv. Gardiner (Seal.) 



52 LAND TITLES IN OLD PITTSTON 

Signed Sealed published and declared by Sylvester Gardi- 
ner to be a Codicil and part & parcel of his last Will & 
Testament in Presence of us. John Bours, Ann Holms, 
Mary Eckstien. 



William Gardiner died a year after his father, and as he 
had never married, the property devised to him descended 
to Robert Hallowell, as provided by the will. He was then 
a minor, and did not assume the name of Gardiner until 
1803, when he became of ag-e. The rest of the estate vested 
in accordance with the terms of the will. 



tyGardiner, Me., Historical Series, Number Two, will consist of 
letters and papers relating to the early history of Gardinerston and 
the period of the American Revolution. 



INDEX OF NAMES 



Adams, Solomon, 23, 37 
Ag-agodemagfus, 8 
Apthorp, Charles, 9 
Arundel, Earl of, 13 
Bacon, William, 30 
Bailey, David, 20 
Nathaniel, 21 
Barker, Carr, 17 
John, 4 

William, 30, 31, 32, 35,36 
Bellaco, 48, 49 
Bernard, John, 35 
Berry, David, 32 

Samuel, 37 
Bickford, Henry, 38, 39 

Moses, 39 
Blish, Annie M., 30 
Bours, John, 49-52 
Bowdoin, James, 9, 19 

William, 3, 9 
Bowers, James, 35 
Bowman, Jonathan, 12, 13 

William, 16 
Bradford, William, 7, 8, 14, 
15, 20 
Boyes, Antipas, 8, 15 
Bradstreet, Abby J., 33 

Joseph, 27, 28, 29,32,33 
Peter G., 33 
Simon, 32, 33 
William, 33 
William W., 7>1, 33 
Brattle, Thomas, 8, 15 

William, 9 
Bridge, Nathan, 29 
Brown, Ann, 47, 48 
Buckingham, Marquis of, 13 
Bumell, Jonathan, 22 
Bums, James, 33 



Burns, Joseph, 33 

Burrill, Lydia, 31 

Butman, Frederic A., 35 

Byram, Ebenezer, 25, 26-28, 

30 

Byram, Harriet, 30 

Cane, Walter, 22 

Cazneau, Edward, 42 

Clapp, Joel, 33 

Codman, John, 32 

Colburn, Jeremiah, 33 
Reuben, 19 

Cooke, Ellen R., 32 

Cooper, Peter, 22 

Cox, Hugh, 17 
James, 32 
Cunningham, John E., 32 
Danforth, Charles, 31 
Davenport, Benjamin, 30 
Davis, Jacob, 30 

L. S.,33 
Deane, Ebenezer F,, 32 
Dearbon, Henry, 25-28,30,32 
DeMonts, Count of, 4 
Denbow, Nathaniel. 39, 41 
Denny, John, 31 
Dix, Elijah, 49 
Dumaresque, Rebecca, 47, 48 
Eastman, Samuel, 22 
Eckstien, Mary, 52 
Ellis, Anna E., 32 
Essemenosque, 8 
Everson, William, 37 
Farnham, Mary F., 10, 11 
Fellows, James Pierpont, 16 
Fitch, Benjamin, 35 
Flagg, James, 19, 22, 23, 29 
Flitner, Zacharias, 35 
Fowle, Samuel, 20 



54 



INDEX OF NAMES 



Fox, Jonathan, 20 
Gannett, Barzillai, 28 
Gardiner, Ann, 51 

Catharine, 46, 49-51 

John, 32, 33, 42, 47, 48, 
49, 51 

John Silvester John, 50 

Robert Hallowell, 10, 25, 
29,31-36,42,44,52 

Silvester, 9, 15-19, 21,24, 
25, 29-42, 44-52 

William, 25, 35, 40, 41, 
42, 45,46,48,51,52 
Gav, Riifus, 26, 27, 30, 31 

Seth, 26, 28-30 

William R., 30, 34 
Gibbons, John, 51 
Gilman, Allen, 30 
Gilmore, Harriet E., 30, 31 
Glidden, Joseph, 17, 19, 24, 

W. H., 31 
Goodwin, Samuel, 9, 22, 42 
Gorges, Ferdinando, 13 
Grant, Nancy, 31 

Peter, 17 

Samuel, 31 

William B., 31 
Haley, Martin, 23 
Hallowell, Benjamin, 9 

Hannah, 47, 48 

Robert, 32, 42, 44, 45,49 
Hamilton, Marquis of, 13 
Hancock, Ebenezer, 12 

John, 12 

Thomas, 9, 12, 15, 16, 18, 
41 
Hanson, J. W., 23, 29, 37, 39 
Harden, Harlow, 34 
Haseltine, John, 30 
Haskell, Samuel, 32 
Hayes, A. R. & Co., 26 
Hill, J., 42 

Hobart, Dudley B., 26, 29 
Holland, Lord, 22 
Holmes, Ann, 52 
Hopkins, Peter, 32 
Hoskins, Henry B., 34 
James I., 5, 6, 13 
Jeffries, David, 16, 17 



Jenkins, Denis, 35 
Jewett, Stephen, 30 
Kenney, Paul, 38, 40, 41 

Stephen, 38, 40, 41 
Kimball, Nathaniel, 28 
King-sbury, vSanford, 31, 32 
Lamson, Joseph. 29 
Lancaster, Maria, 35 
Lapham, Mary B., 33 
Lawrence, Joseph, 41 
Lenox, Duke of, 13 
Lincoln, David, 35 

Polly, 35 
Lloyd, James, 21 
Lord, Elizabeth, 31 

Joshua, 27, 28, 31, 32 
Lovejoy, Abiel, 33 

Mary, 33 
Low, William, 35 
Lowell, Harrison G., 32 
Marson, Abner, 21 
McKay, John, 42 
McKechnie, John, 17, 24, 36 
Merriam, H. E., 32 
Moore, George R., 34 

John, 34 

John T., 34 

Reuben, 34 

Seth G., 34 
Mung-uin alias Matahameada, 

8 
Nason, Robert E., 32 
Nelson, John, 21 

Mehitable, 20 

Paschal, 20 
Norcross, vSamuel, 41 
North, John, 16, 

Joseph, 22, 25, 29 
Oldham, Jonathan, 34 
Parker, James, 17 
Philbrook, David, 39, 40 

Jonathan, 16 

William, 37 
Pierpont, Robert, 16 
Pitts, James, 9 
Plumer, Arthur. 35 

Sedgwick L., 35 
Potter, Nancy E., 35 
Reed, Jonathan, 20 



INDEX OF NAMES 



55 



Richards, Henry, 30 
Robbins, Edward H., 49, 51 
Robinson, Hannah, 51 

J. Walter. 29 

James, 50 

Mary, 50, 51 

Sarah, 49, 50 

Thomas, 49, 50 
Rogers, George L., 35 

George W., 35 

Sophia W., 35 
Sabine, Lorenzo, 23 
Sever, Robert, 35 
Shauney, John, 19 
Shaw, Benjamin, 26, 31 

Jane, 31 
Sheldon, Parker, 31 
Shirley, William, 11 
Silvester, John, 35 

Joseph, 35 
Smith, F. S., 30 

Henry, 24, 25, 35 

John. 7 

Joseph, 44 
Springer, James, 16, 17 

Moses, 17 
vStackpole, James, 31, 32 
Stilphen, Mrs. Arthur, 33 
Swan, Edward, 29 
Tarbox, Ann M., 34 

Eleazer, 34, 36 

James, 33, 34 

John E., 34 

Stephen W., 35 

William, 36 
Tassuck, 8 



Temple, Mehitable, 20, 21 

Robert, 9, 20, 21 

Thomas, 20 
Thompson, Robert, 33 
Thorne, Fred S., 33 
Tibbetts, Daniel, 37, 39, 41 

Ebenezer, 38, 41 

Solomon, 37, 38, 40 
Tufts, William, 18 
Tycross, Robert, 22 
Tyng, Edward, 8, 9, 15 
Vassall, Elizabeth, 22 

Florentius, 9, 22 

Richard, 22 

William, 9, 19 
Waitt, Hiram, 33 
Wakefield, Jeremiah, 35 
Warren, Joseph, 30 
Warwick, Earl of, 13 
Webster, Godfrey, 22 

Henry, 22 
Weld, Habijah, 20 
Whipple, Abigail, 45, 47, 48, 

Oliver, 25, 42, 44, 45, 49 

Silvester, 45 
White, Alice, 33 
Whitmore, Nathaniel M., 26 
Williams, Gardiner, 34 
Williamson, Wm. D., 10 
Wingate, Joshua, 28 
Winslow, James, 19 

John, 9, 15 
Winthrop, Robert C, 21 

Thomas L., 21 
Wyman, Abram, 33 



SEP 3 1912 



LIBRftRY OF CONGRESS 

013 996 789 6 l 



